NCJ Number
80990
Date Published
1982
Length
244 pages
Annotation
Before attempting to stop suspected shoplifters, retail employees, store owners, security guards, and others must be aware of suspects' legal rights and retailers' liabilities. This guide to legal concepts discusses deterrence methods, determination of theft, right to detain suspects, and the decision to prosecute.
Abstract
After presenting a picture of the impact of shoplifting on retail profits, the guide advises readers to adopt a deterrence rather than an arrest and prosecution approach to shoplifting. Alert but polite employees who are well-versed in shoplifting laws and in methods for defusing customer-employee conflicts are the best countermeasures to shoplifting. The guide gives detailed instructions on how to approach, detain, and question suspects so that the merchant's privilege of detaining on reasonable grounds, for a reasonable amount of time, and in a reasonable manner is not violated. The determination of reasonable grounds for believing a crime is in progress is considered regarding customer's partial or full concealment of merchandise, intentional and unintentional stealing, and the act of leaving the store with unpurchased merchandise. The discussion of rules for detaining a suspect covers the right to detain, behavior while waiting for police, and the right to search the suspect. The decision to prosecute is dealt with both in terms of juvenile and adult defendants, and court behavior and effective presentation of evidence are considered. Problems involved in making insurance claims against false arrest liability, detecting and responding to credit card and check frauds, reporting the names of shoplifters, using private guard firms, and obtaining special police officer status for store security employees are also discussed. An index is provided, as are footnotes to legal citations and forms for reporting shoplifting incidents. Appendixes feature individual State statutes on shoplifting.