NCJ Number
53205
Date Published
1976
Length
139 pages
Annotation
LEGAL AND ECONOMIC MEASURES FOR DEALING WITH THE SHOPLIFTING PROBLEM IN THE GERMAN FEDERAL REPUBLIC ARE OUTLINED.
Abstract
PRINCIPAL QUESTIONS ARE WHETHER THE OFFENSE OF SHOPLIFTING SHOULD BE FURTHER DECRIMINALIZED AND WHETHER SELF-SERVICE STORES THEMSELVES OR PUBLIC AUTHORITIES SHOULD BEAR THE RESPONSIBILITY OF PROTECTING THEIR WARES. NO SPECIAL LAWS ON SHOPLIFTING EXIST AND EXACT FIGURES ON THE CRIME ARE NOT AVAILABLE BECAUSE OF UNCERTAINTIES IN DARK FIGURE ESTIMATES. SHOPLIFTING PREVENTION IS ESPECIALLY NECESSARY TO REDUCE DAMAGES AND LOSSES PASSED ON TO THE CONSUMER AND BECAUSE OF THE LARGE NUMBER OF CHILDREN AND ADOLESCENTS INVOLVED. RECENT CHANGES IN BUSINESS APPROACHES WHICH MAY INFLUENCE THEFTS INCLUDE EXCESSIVE, AGGRESSIVE ADVERTISEMENT, HIGH TURNOVER GOALS IN SELF-SERVICE STORES, AND DISPLAY PRACTICES WHICH ENCOURAGE HIGH CONSUMPTION. PREVENTIVE MEASURES BY STORES ARE PERSONNEL TRAINING, MODIFIED PACKAGING OF WARES, CUSTOMER DISINCENTIVES (PROHIBITION FROM ENTERING STORES AFTER AN OFFENSE, DAMAGE PAYMENT REQUIREMENTS), OR TECHNICAL DEVICES (MIRRORS, RADAR); THESE MEASURES HAVE BEEN RELATIVELY SUCCESSFUL. DESPITE CIVIL RIGHTS ARGUMENTS, STORE DEMANDS THAT SHOPLIFTERS COMPENSATE STORES FOR DAMAGES AS WELL AS FOR PROCESSING AND PREVENTION COSTS CANNOT BE CONSIDERED PRIVATE JUSTICE OR CRIMINAL ACTION; THE POSITION OF THE CRIMINAL AUTHORITIES ACCORDING TO CRIMINAL AND CIVIL LAW REMAINS UNCLEAR. GENERAL PREVENTIVE MEASURES SUCH AS EDUCATION AND MINIMUM GOVERNMENT GUIDANCE OF BUSINESSES THROUGH ADMINISTRATIVE LAW AND OPERATIONAL REQUIREMENTS ARE PREFERABLE TO DIRECT STATE INTERVENTION IN THE INDIVIDUAL PUNISHMENT PROCESS OR IN MODERN ECONOMIC STRUCTURE. IT IS CONCLUDED THAT SHOPLIFTING SHOULD REMAIN UNDER THE REGULATION OF CRIMINAL LAW, DESPITE THE INEFFICIENCY OF THIS SYSTEM; CHANGES IN CIVIL LAW TO SUPPORT MEASURES OF PRIVATE BUSINESS CAN IMPROVE THE SITUATION; SELF-DIRECTION OF THE ECONOMY, ESPECIALLY IN SELF-SERVICE STORES, IS DESIRABLE; AND REDUCTION OF SHOPLIFTING TO A MINOR VIOLATION WOULD NOT BE OBJECTIONABLE. THREE GRAPHS, TWO TABLES, AND EXTENSIVE DOCUMENTATION WITH GERMAN AND INTERNATIONAL STATISTICS AS WELL AS LISTS OF PREVENTIVE MEASURES ARE FURNISHED. --IN GERMAN. (KMD)