# Retail workers: did you actually prosecute caught shoplifters? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [April 2, 2011, 9:03am UTC](https://boards.straightdope.com/t/retail-workers-did-you-actually-prosecute-caught-shoplifters/576928 "2011-04-02T09:03:18Z")\ **Posts on this page:** 4\ **Page:** 3
**Author:** ![Marc\_Xenos](https://avatars.discourse-cdn.com/v4/letter/m/e9a140/32.png) [@Marc\_Xenos](https://boards.straightdope.com/u/Marc_Xenos)\ **Post date:** [April 8, 2011, 7:41pm UTC](https://boards.straightdope.com/t/retail-workers-did-you-actually-prosecute-caught-shoplifters/576928/41 "2011-04-08T19:41:51Z")
A friend of mine works as Asset Protection (which includes more than just Loss Prevention) at Walmart and I hear much interesting stuff. It’s pretty much the same at Target, too. There is a legal process that must be followed; otherwise, a criminal case can be lost for breaks in the evidence path. When that’s the case, a “wrongly”-accused shoplifter could turn around an sue the store. It’s also why only AP can detain, as they’ve been trained for it, and corporate training is a very effective playbook strategy for defense attorneys. Other employees can alert AP, but cannot do any detaining. Apparently he’s pretty effective, because he’s had to go to court a few times to testify, which resulted in conviction. One case, the defendant was going to fight it all the way to the end, until the day of jury selection, that so was the store. Then he copped a plea. Some items just aren’t expensive enough to warrant criminal prosecution, but that doesn’t mean the shoplifter gets away with it. There’s still civil fines, which can be calculated involving the amount of the AP’s time at his rate of pay (including annual benefits broken down to an hourly rate), along with other store resources. A lousy $10 theft can cost as much as $250, which the shoplifter would then have to take to court to contest. The cost of a lawyer, alone, would wipe out any success. And then there is the Trespass, which is an order to stay out of the store for 6 months, a year, or forever, depending on the situation. And a Trespass order may apply to just the one store, or all stores in the entire chain. No, you don’t have a “right” to shop at any store you choose; they’re private businesses that can refuse you for any reason except those specified by law, which is race, religion, nationality, or gender. And while Trespass may seem minor, if you do return and if they do recognize you, and if they do have the copy of the Trespass order, you can be arrested for a Felony criminal offense. So, yeah, some stores may figure it’s just an unavoidable cost of business, but others are really ramping it up to discourage it. It may be better to err on the side of caution, so some will still get away with it, but it’s still being addressed. ---
**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\ **Post date:** [April 9, 2011, 5:32am UTC](https://boards.straightdope.com/t/retail-workers-did-you-actually-prosecute-caught-shoplifters/576928/42 "2011-04-09T05:32:28Z")
> [@Marc\_Xenos](#): > > Some items just aren’t expensive enough to warrant criminal prosecution, but that doesn’t mean the shoplifter gets away with it. There’s still civil fines, which can be calculated involving the amount of the AP’s time at his rate of pay (including annual benefits broken down to an hourly rate), along with other store resources. A lousy $10 theft can cost as much as $250, which the shoplifter would then have to take to court to contest. The cost of a lawyer, alone, would wipe out any success. In my state, the civil fine can be up to $650 over the price of the stolen items. ---
**Author:** ![PunditLisa](https://avatars.discourse-cdn.com/v4/letter/p/4af34b/32.png) [@PunditLisa](https://boards.straightdope.com/u/PunditLisa)\ **Post date:** [April 9, 2011, 11:23am UTC](https://boards.straightdope.com/t/retail-workers-did-you-actually-prosecute-caught-shoplifters/576928/43 "2011-04-09T11:23:05Z")
Kroger did an undercover investigation of one of their unprofitable stores and discovered that their employees were not only not trying to stop shoplifters, but they were aiding them. One cashier must have broadcast what night she was working to her friends, because the investigators watched as she allowed a dozen people to wheel right by her with carts full of stolen food. They’d wave or stop and chat for a bit and off they’d go! ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [April 9, 2011, 12:26pm UTC](https://boards.straightdope.com/t/retail-workers-did-you-actually-prosecute-caught-shoplifters/576928/44 "2011-04-09T12:26:35Z")
> [@Winnipeg](#): > > In the UK you cant be accused of shoplifting unless you have actually left the shop with the unpaid for goods. While you are still in the shop/store you have not actually stolen the item, even if you have secreted it about your person. I cannot say anything about Scotland or Northern Ireland, but that it absolutely incorrect in England and Wales. [Previous page](https://boards.straightdope.com/t/retail-workers-did-you-actually-prosecute-caught-shoplifters/576928.md?page=2)