NCJ Number
12718
Journal
Marquette Law Review Volume: 57 Issue: 1 Dated: (1973) Pages: 141-171
Date Published
1973
Length
31 pages
Annotation
DISCUSSION OF THE LEGAL HISTORY OF SHOPLIFTING, LIABILITY OF THE MERCHANT FOR STOPPING A SUSPECTED SHOPLIFTER, AND AN ANALYSIS OF THE NEWLY ENACTED SHOPLIFTING STATUTE.
Abstract
THE MERCHANT'S COMMON LAW LIABILITY IS DISCUSSED, INCLUDING THE RELATION OF THREE DOCTRINES TO COMBATTING SHOPLIFTING - DEFENSE OF POSSESSION OF PERSONAL PROPERTY, RECAPTURE OF CHATTELS, AND CITIZEN'S POWER TO ARREST. COURTS, THE AUTHOR CONTENDS, HAVE SEVERELY RESTRICTED THE MERCHANT'S ABILITY TO STOP SHOPLIFTERS BY SUBJECTING THE MERCHANT TO LIABILITY FOR FALSE IMPRISONMENT, FALSE ARREST, MALICIOUS PROSECUTION, ASSAULT AND BATTERY OR SLANDER. TO PROVIDE SUPPORT FOR MERCHANTS, WISCONSIN HAS ENACTED STATUTE SECTION 943.50, WHICH CREATES A SPECIFIC CRIME OF SHOPLIFTING AND RECOGNIZES PROBABLE CAUSE AS A DEFENSE TO ANY CIVIL ACTION FOR THE DETENTION OF A SUSPECTED SHOPLIFTER. IN ADDITION, THE STATUTE SPECIFIES WHAT ACTIONS BY A SHOPLIFTER CONSTITUTE PROBABLE CAUSE FOR DETENTION BY THE SHOPKEEPER. AFTER ANALYZING EACH SECTION OF THE NEW STATUTE SEPARATELY, THE AUTHOR CONCLUDES THAT THE NEW POWERS MAY PRESENT A GREAT POTENTIAL FOR ABUSE AND THE RIGHTS OF INNOCENT CITIZENS MAY BE SUBVERTED BY POSSIBLE ARBITRARY ACTIONS BY SHOPKEEPERS.