NCJ Number
100931
Date Published
1986
Length
291 pages
Annotation
This text provides retail employees and security managers with statutory, strategic, and evidentiary information needed for effective presecution of shoplifting with minimum likelihood of incurring civil liability.
Abstract
It examines the incidence and prevention of shoplifting, reviews shoplifting statutes, and discusses the four elements of the offense: suspect intention, suspect possession of the merchandise, store ownership of the merchandise, and value. Illustrated are employee responses resulting in prosecution of cases involving concealment of merchandise, direct evidence without concealment, aiding and abetting, false representation, and circumstantial evidence. One chapter examines processes involved in gathering evidence for the prosecution and the defense to aid in determining if probable cause can be established and whether the suspect should be prosecuted or released. Also considered are the hearsay evidence rule, use of voluntary intoxication as a defense, admissibility of photographic evidence, theft by credit card, and statutes permitting damage suits by merchants. Tests for compliance with merchant's privilege statutes are highlighted, followed by a discussion of liability for false imprisonment and malicious prosecution. Additional subjects examined are the authority for arrest and detention by police, < special police, security police, citizens, and merchant-citizens; the most commonly filed civil actions against retail merchants; the purpose of punitive damage awards; and additional aspects of shoplifting and civil liability (i.e., contract guard services liability and electronic surveillance systems). Numerous case illustrations and subject index.