Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

Search


Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

jr_12809_9780195367195_bnr.JPG

ad-logo5.jpg

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • Charles Wheeler on Racial Profiling Still Pervasive in United States: Does Anyone Care?

    • Bruce Boyden on Lori Drew Tentatively Acquitted

    • alex on Lori Drew Tentatively Acquitted

    • Dan Culley on Perils of a “Lightly Regulated” Insurance Market

    • Frank Pasquale on Financial Innovation?

    • Robyn A on Lori Drew Tentatively Acquitted

    • Bruce Boyden on Lori Drew Tentatively Acquitted

    • Larry Rosenthal on Truthseeking and Criminal Procedure in the Supreme Court’s Last Term

    • Howard Wasserman on Truthseeking and Criminal Procedure in the Supreme Court’s Last Term

    • Adam on Financial Innovation?

    • Amy on Truthseeking and Criminal Procedure in the Supreme Court’s Last Term

    • cjmajor on Lori Drew Tentatively Acquitted

    • cj on Lori Drew Tentatively Acquitted

    • Howard Wasserman on Truthseeking and Criminal Procedure in the Supreme Court’s Last Term

    • Colin Miller on Truthseeking and Criminal Procedure in the Supreme Court’s Last Term

  •  

    Site Meter

Shoplifting At Wal-Mart

posted by Dan Filler

According to NY Times accounts, Wal-Mart has decided to cut shoplifters a bit of slack. If you’re under 18 or over 65, and try to swipe merchandise under $25 (and it’s your first time being caught by Wal-Mart security), they’ll give you a tough lecture and send you packing. Why the generosity? The article suggests - and this is surely true - that the local infrastructure (i.e., the cops and local prosecutors) don’t like to foot the bill for enforcing shoplifting laws. This raises some interesting questions. First, should shoplifting be a crime? Probably, if only because if allowed to grow, it would (in aggregate) devastate retailing. Second, who should bear the cost of shoplifting enforcement? Perhaps the right answer is the retailer. Offenders are the logical payors, but they are often too poor to bear actual costs. And while society at large could pay the cost (and does, right now), it seems to me that it would be easier to impose the tax on the retailer. Why? Because, in many respects, the retailer is in the best position to reduce theft. Cameras, good layout, ever-present security all help reduce attempted thefts. If stores see that they save more than mere shrinkage by stopping shoplifting, perhaps they’ll introduce those preventive steps.

In my experience, shoplifting cases are a major source of docket junk in criminal courts. DA’s typically don’t care much about them. The victims - and there are real victims - are mostly corporations, and these corporations don’t get exercised like other victims. To the DA, the company’s face is the security guard who shows up to testify - and he or she is usually a low-paid worker bee who doesn’t much care the outcome of the case.

Sounds to me like Wal-Mart is just trying to get along better with the local community. Perhaps they should talk to Target, a leader in the national fight against crime, for tips.


 July 13, 2006 at 11:27 am   Posted in: Culture   Print This Post Print This Post

Responses (23)

  1. John Armstrong - July 13, 2006 at 1:22 pm

    should shoplifting be a crime?

    This has me scratching my head like when people in Clinton’s days debated whether oral sex was adultery. Of course it’s a crime. It’s theft! How to structure punishment (leniency for first-time offenders, etc..) is up for debate, but who can seriously argue that theft is not a crime?

  2. Frank - July 13, 2006 at 1:28 pm

    To me, this is th type of info that should not be reported. It almost seems to be an invitation to young and old thieves to try stealing! On the other hand, perhaps few see the law as the bad man does.

  3. Michael R. Farnum - July 14, 2006 at 10:03 am

    Yes, it is a crime. But I have a huge problem trying to shift the cost of enforcement to the retailer is ridiculous.

    First, many retailers already employee most if not all of the measures you say they should employee. What else can they do? They already have to catch the crook. They don’t bring cops in to patrol the stores! If the security guard is a witness in the case, the retailer should pay him / her for the time they appear in court.

    Second, when they catch the criminal, they call the cops for prosecution. That is how our system works for CRIMINALS. You are trying to change the system for a particular crime just because some cops don’t want to do their job. That is beyond ridiculous, and the cops that have that attitude and react slower to these types of crimes should be kicked out of the force. That is why WE pay them.

    Third, how is it fair to the retailer to shift the cost of prosecution to them when they are the victim? They are simply trying to run a business and are already losing millions and millions a year due to these crooks. Why should they be taxed further? Do you tell a rape victim to pay for the prosecution of her attacker? Come on.

  4. MT - July 16, 2006 at 5:44 pm

    If companies like Wal-Mart paid their workers a dignifying salary I suspect people would do the dignified thing and purchase, not steal, merchandise from cmopanies like Wal-Mart who have used the stroke of the pen to ’steal’ dignity from the people that have worked to make companies like Wal-Mart beyond wealthy.

  5. Rob - July 27, 2006 at 11:00 am

    “If companies like Wal-Mart paid their workers a dignifying salary I suspect people would do the dignified thing and purchase, not steal, merchandise from cmopanies like Wal-Mart who have used the stroke of the pen to ’steal’ dignity from the people that have worked to make companies like Wal-Mart beyond wealthy.”

    That’s great rhetoric; I’ll look for it in the upcoming election season. In the meantime, lets think about how silly this comment really is. This poster believes that shoplifters, apparently all ex-Wal-Mart employees, would not do so if they were paid a higher wage.

    To start, this completely ignores the many people who steal for a thrill or just to see if they can get away with it. In fact, a quarter of those prosecuted for shoplifting fall between the ages of 13-17- likely not an age group stealing to pay the bills. According to the National Crime Prevention Council, the majority of the remaining shoplifters are amateurs who simply see something they want (as opposed to need) and think they aren’t going to get caught. Also according to the NCPC, “Desperate people steal because they need food—but they make up only a very small number of shoplifters.” While I wish there were some exact figures to accompany this statement hopefully this puts to bed this notion that all those who are stealing are all poor/needy/Wal-Mart victims.

    As far as the solution MT proposes, simply raising salaries is, at best, a dubious solution to solving the problem of shoplifting. I suspect this would only serve to raise prices and/or price smaller manufacturers out of the market and if such a solution were so easy, I am sure it would have been tried by now..

    On a side note, I have no problem with the wages that Wal-Mart or other large companies pay their entry level employees. Wages should be based on how much the work is worth, employee’s skills, and the overall market for the job. Should a greeter really be paid 20 bucks an hour? Hardly. Anyone can fill that job along with 95% of the jobs at Wal-Mart. Now if the greeter exhibits impressive customer service skills, the greeter will likely be promoted to a position that better matches their skills, along with that promotion comes higher wages. In that respect I suspect that very few people stay at the bottom of the corporate ladder for very long. And even if they do…isnt that what the market dictates? If a person has no skill sets, why should it be the companies responsibility to pay a higher value for the labor then what they are recieving, that just seems like bad business..

  6. Tom Gownley - August 3, 2006 at 9:46 am

    I tend to agree with your outlook of how this named action is a crime. It is theft and nothing more. Society has dressed it up with a name that detracts from what it really is “shop lifting”. It does not even sound illegal.

    Perhaps prosecution and jail time is not the way to proceed with “first timers”. Technology could give prosecutors and judges a simple way to proceed if there is a quilty verdict. Post picture, crime, place, date, name and address of person who committed crime for the duration of sentance. Post in several prominent places throughout the community.

  7. robert waller - August 5, 2006 at 12:15 pm

    Walmart doesn’t seem to care about shoplifting and almost encourages it. Greeters are not allowed to stop shoplifters or people suspected of shoplifting.

    Losses incurred by shoplifting just get taken off the bottom line and at the end of the year the employees lose their bonus.

    All Walmart cares about is the mighty dollar.

    Sam Walton would be ashamed of the present stance the the Greed-Lords.

  8. Helen Price - August 24, 2006 at 6:06 am

    Yes, they found the easiest way out. To reduce bonuses! But on the other hand staff should be alert and watch customers for potential shoplifting more thorough.

  9. alejandra - November 1, 2006 at 5:34 pm

    walmart hires mentally ill employees along with the nonmentally ill employees, which is great…but do you think this could be an easy way out for the average shoplifter?

  10. christine - November 1, 2006 at 5:46 pm

    I Tink dat walmatz iz askin fo it by hirin thez mentally ill employeez. and i also tink dat every one haz stolenz sumtin from walmatz weather it bez on accident or on purpose. itz not rightz but they needz to do their jobz and check da damn merchandise rollin out dey doorz if they dun wann be stolen frum.

  11. D Vader - November 16, 2006 at 3:54 pm

    I am a lpo at walmart, I see the stuff walking out the door but in Canada we have to have “Finds Committing”, we have to actually see it or have someone who did with us at least thats what the criminal code says. I have been told by walmart associates that they saw someone take whatever but all I can say is thanks, Wal-mart policy does not allow me to pursue that person even if I have an associate as witness. Plain Crazy

  12. BrandonS - November 19, 2006 at 9:24 pm

    That is probably because they do not want employees charged with assault or to get sued for millions :-/

  13. L.Frederikson - February 13, 2007 at 9:17 pm

    I had a friend who got caught stealing a pen from walmart, first time ever and winded up getting banned from the entire mall as well as the walmart for 1 year, do you think this is a bit excesive?

  14. Trevor Pike and Chris Barbee - March 2, 2007 at 3:34 pm

    Hell no! shopplifting is cool, me and my friend were just banned from Walmart for stealing about 200 dollars worth of stuff. I say no matter how much stuff you steal, if its your first time stealing from Walmart, you should get away with it. Its not like its hurting anyone

  15. Meatman - March 18, 2007 at 3:49 pm

    Why steal from wal-mart when the stuff is so goddamn cheap. Then again they are asking for it by making other businesses fail by selling them out. They don’t even sell insane clown posse cds. Thanks to them i dont have a place to buy anime dvds other than pokemon and yugioh (crappy kiddie shows)because they tore the hastings down to build wal-mart. But still i dont shoplift

  16. Meatman - March 18, 2007 at 3:52 pm

    Why steal from wal-mart when the stuff is so cheap. Then again they are asking for it by making other businesses fail by selling them out. They don’t even sell insane clown posse cds. Thanks to them i dont have a place to buy anime dvds other than pokemon and yugioh (kiddie shows) because they tore the hastings down to build wal-mart. But still i dont shoplift

  17. Bumper - April 2, 2007 at 9:38 pm

    I work at Walmart in East Greenville,PA and we have had sooo many Employees arrested for stealing it is crazy. I was raised that you worked for what you got and that stealing was very wrong. I don’t know where people get off thinking it is alright to steal????? I do agree Walmart needs to pay its employees better,they are some hard working people! Well, thats all for now. Betty

  18. lessworknow - April 7, 2007 at 1:48 am

    i worked in walmart stores for many years and quit after no better pay for part time worker. a sad story.

    walmart workers get so low pay. MOST store thiefs are the employees. employees and LP people take care themselves and not get caught. few customers get caught. if they do, they go free all the time. if police come in they get the case settled there and customers go off. big lectures tactics. customers sign papers so they won’t come back to that store for a time like 6 months.

    if you want to come back, wear different clothes and change hairstyles.

    by the time the bad customers come back after so many months or more the LP people and those employees are long gone or who remember you as customers????????????? because the customers say they don’t remember the employees and LP people and will want to sue the store because the customers are harrassed and a long list of reason. some customers actually got the police come in and walmart store got into trouble. the store end up doing some thing to make customers feel good.

    customers always can sue the store for anything. and the store managers will want to make the customers feel good.

    remember this. walmart rule is to treat ALL customers feel good. walmart store can get sued if the workers do or say anything not right or wrong to the customers.

    LP people are mostly layoff or replaced or closed.

    walmart employees are the biggest losers!!!!!!!!!

  19. niita - December 16, 2007 at 10:10 am

    my friend got caught stealing frum walmart and shes an employeee and so am i at the same walmart. im not too sure wtz going to happen but there wuz a cop there but they didnt call him he wuz just there. my friend didnt get no papaer no one said she wuz getting charged they told her that she wuz suspended for furthur notice and she shud wait for a call frum the store manager ….wtz going on? im scared shes scared.. but if i wuz in this case i really rather just get fired then charged but reading above customers get off by getting banned? i dont know wtz happening…anywun have any input?

  20. Frank - January 5, 2008 at 12:47 am

    I and a friend at a wal-mart are both associates… I did not steal, but I think he stole a small pack of batteries as we walked back to shipping and receiving… I say *think* because he asked me if I was going to snitch on him, I said naw and walked back to the front of the store as he walked away down a different isle with pack in hand… I havent, and won’t tell anyone at the store… If he gets caught though am I liable? I was not planning on telling anyone anyways because I have no idea if he stole them or not, since dont know if he even opened the pack and took them…

  21. Dev - April 7, 2008 at 12:26 am

    You wont get in trouble because you were not physically helping the person. It is your word against theirs. You werent there when he took them so you arent considered an accessory.

    I almost got caught stealing from walmart. I ran away from the undercover detective. I ran through the parking lot. This lady got the cops I think. She didnt see me get my car. Thank god it was on the other side of where she was. I felt pretty bad and havent stolen since.

  22. jay - July 10, 2008 at 8:35 pm

    I do unloading at Wal-Mart for $6.70 an hour. I’m lifting heavy objects a lot and I work for 8 hours + 1 hour break and two 15 minute breaks. They pay only $6.70 an hour. SIX SEVENTY AN HOUR! I can’t live off of that much money. Wal-Mart makes like $10 billion annually, so there workers deserve better pay. $8.00-$9.00 minimum for unloading. They could raise the prices a couples cents on their items to pay for it.

    If their workers were paid more there would be less theft and they would probably be better workers. I am being paid so little (and my feet are hurting right now and so are my hands/fingers from cardboard rubbing all over them) that I am actually considering stealing from them here and there to make a little extra money.

    It’s crazy. Wal-Mart has the money to pay its employees better, but they prefer slave laborers. They claim to care and be about family and junk yet they don’t pay us enough to even support ourselves, much less a family. Fuck Wal-Mart…it’s a giant corperation that pulls in ungodly amounts of profits while screwing the people who help make it what it is today.

    Maybe the executives should take a pay cut too! There are ways around this, but Wal-Mart wants to be a greedy evil corporation.

  23. James Hudson - April 5, 2009 at 9:18 pm

    Walmart pays so little because it is owned by jews. Jewish people are known for being rich and very stingy with their money.

Leave a Reply

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Click to hear an audio file of the anti-spam word


  • « Previous post
  • Next post »

Authors

Daniel J. Solove

Website
Understanding Privacy

Kaimipono Wenger

Website
SSRN Page

Dave Hoffman

Website
SSRN Page

Nate Oman

Website
SSRN Page

Frank Pasquale

Website
SSRN Page

Deven Desai

Website
SSRN Page

Michael O'Shea

Website
SSRN Page

Sarah Waldeck

Website
SSRN Page

Lawrence Cunningham

Website
SSRN Page

Danielle Citron

Website
SSRN Page

Jaya Ramji-Nogales

Website
SSRN Page

Solangel Maldonado

Website
SSRN Page

Gerard Magliocca

Website
SSRN Page


Guests

Michael Abramowicz
Robert Hillman
Kevin Johnson
Sarah Lawsky
Robert Percival
Jenia Turner






Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Francesca Bignami
Jeremy Blumenthal
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Christine Hurt
Darian Ibrahim
Dan Kahan
Brian Kalt
Sam Kamin
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Steve Vladeck
Sarah Waldeck
Melissa Waters
Alfred Yen
David Zaring
Timothy Zick
Howard Wasserman
Frank Wu
Corey Yung
Jonathan Zittrain

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress