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Special Evidential Problems Posed by Shoplifting Cases

NCJ Number
162600
Journal
Justice of the Peace & Local Government Law Volume: 160 Issue: 10 Dated: (March 9, 1996) Pages: 162-164
Author(s)
G J Durston
Date Published
1996
Length
3 pages
Annotation
This article describes evidential problems connected with shoplifting cases and offers solutions.
Abstract
There is frequently little direct and unambiguous evidence of shoplifting. When a detained person has been found in possession of a single low value item in suspicious circumstances, it could be a matter of forgetfulness rather than deliberate dishonesty. In such cases throughout the trial process, there is a stress on character when trying to evaluate a defendant's guilt or innocence or even whether or not to press charges. A possible solution would be to withdraw cases from the tribunal where there is no clear supporting evidence of deliberation. However, this could lead to large numbers of dismissed charges and render the deterrence of prosecution of limited worth. Other possible solutions include: better shop design, with designated checkouts to make it clear when customers are leaving the store; in-store videos; and a strict liability offense of failing to pay for goods which were taken outside the shop in which they were for sale.

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