NCJ Number
61374
Date Published
1977
Length
0 pages
Annotation
SHOPLIFTING BEHAVIOR AND ITS CONSEQUENCES FOR THE INDIVIDUAL AND THE COMMUNITY ARE DEPICTED IN THIS FILM STRIP AND AUDIOCASSETTE SEGMENT OF THE 'UNDER THE LAW' SERIES.
Abstract
THE DEPICTION OF A TEENAGE MAN, WHO ENCOURAGES A FRIEND TO PARTICIPATE IN A SHOPLIFTING, ILLUSTRATES THE LAWS CONCERNING ASSAULT, ROBBERY, SELF-DEFENSE, AND ACTING AS AN ACCOMPLICE. IN A MINOR INCIDENT, SUCH AS SHOPLIFTING, THE USE OF A WEAPON CAN PRECIPITATE THE COMMISSION OF A FELONY. MANY STATE LAWS PERMIT A STOREKEEPER TO DETAIN SUSPECTED SHOPLIFTERS BEFORE THEY LEAVE THE STORE. THIS PRIVILEGE EXTENDS TO THE DETENTION OF SUSPECTS WHO ARE ACTUALLY INNOCENT; PROVIDED, THAT THE DETENTION WAS MADE IN GOOD FAITH AND ONLY LASTED FOR A VERY BRIEF PERIOD DURING WHICH THE PROPER AUTHORITIES WERE LOCATED. THE MERE POSSESSION OF STOLEN PROPERTY IS NOT SUFFICIENT TO SUSTAIN A CONVICTION, BUT ADDITIONAL EVIDENCE, SUCH AS FURTIVE BEHAVIOR OR THE PURCHASE OF GOODS AT EXTREME DISCOUNT, COULD INDICATE CRIMINALITY. A SHOPKEEPER MAY ALSO BE PRIVILEGED TO USE DEFENSIVE FORCE. HOWEVER, THE TREND IN COURT DECISIONS IS TO REQUIRE A PERSON FACED WITH A DEADLY THREAT TO RETREAT OR ESCAPE, IF POSSIBLE, BEFORE RESORTING TO SELF-DEFENSE MEASURES. THE LAW GENERALLY DOES NOT ALLOW THE USE OF FORCE FOR THE PROTECTION OF PROPERTY OR FOR THE RECOVERY OF PROPERTY. FURTHER DISCUSSION CONCERNS THE USE OF INDETERMINATE SENTENCES, THE PRACTICE OF PLEA BARGAINING, AND THE DEFENDANT'S RIGHTS TO THE DUE PROCESS OF LAW. (TWK)