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View Diary: Walmart Employees Kill Another Alleged Shoplifter (256 comments)

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  •  That's just silly, on the face of it. (8+ / 0-)

    The store owns its merchandise. All of us are empowered to physically stop other people from stealing from us. If someone pulls my wallet from my pants, I have every right in I'm sure every state of the union to chase the guy and tackle him if necessary to retrieve my wallet. Why would stores not have the same right. If the force used is excessive, the suspect can file a tort action, in either case. But why in the world would you think that citizens are not empowered to touch each other in order to prevent the commission of a crime?

    •  Not if they're dead. (4+ / 0-)
      Recommended by:
      grover, mamamorgaine, Miggles, mrkvica
      the suspect can file a tort action, in either case.
    •  your statement comparing what you would do (9+ / 0-)

      to what a store would do sounds like a corporations are people argument, well the store anyways.  I think a store should develop less violent ways to deal with shoplifting.  Walmart particularly, there is virtually no spot in a Walmart where you are not under surveillance.  They probably have the alledged crime on video, if in fact it did take place.  Walmart and its employees do not have to kill alledged shoplifters.

    •  Why? I kind of went through that as much (3+ / 0-)
      Recommended by:
      subtropolis, blueoasis, lgmcp

      as possible rather longwindedly, but wasn't sure. Citizens can touch but not assault. I don't believe I said Citizens can't touch eachother...if I did sorry to be confusing I don't mean literally. I don't know the legal definition of assault but if I did I would guess that we cannot assault. Especially, as I explained above, if we are not sure the party is guillty ...if we did not see it ourselves. WE do not know if the security guard personally witnessed the theft.

      I do remember though security guards being told not to touch customers...can't remember where. Assume that's stores abundance of caution not wanting to be accused of assault?

      •  The usual policy (0+ / 0-)

        is not to touch a customer until they leave the store.  This is because the crime is not actually committed until they leave the store without paying.  That is why they will not stop someone when they are putting the clothes under their coat, but will wait until they leave the premises.

        Under the law, there is a shopkeeper's privilege.  A shopkeeper has the right to detain a person for a reasonable time if s/he knows or has a reasonable belief that the person has shoplifted.  This is a common law principle that is quite rational.  I think some around here are confusing are willing throw out a sound legal construct because a yahoo got out of control.  There are legal limitations to the shopkeeper's privilege, but the notion that people should be permitted to shoplift with impunity is wrongheaded IMO.  Clearly, a shopkeeper cannot use excessive force and should be punished if s/he does.  However, to use the example above, if one shoplifts, one assumes the risk that you might be tackled to the ground and restrained until the police arrive.  

    •  seems unneccessary (5+ / 0-)
      Recommended by:
      MichaelNY, blueoasis, Miggles, lgmcp, mrkvica

      There's a bit of a belief here that a suspect has to be caught red-handed, in the act of fleeing, for arrest to be possible.  But in practice, that's not true.

      If the police have a clear image of the thief, they can probably find him.

      Having said that, skilled security personnel don't need to do fllying tackles of anybody to apprehend a person.  

    •  it's not the security guard's stuff (3+ / 0-)

      full stop

      All things in the sky are pure to those who have no telescopes. – Charles Fort

      by subtropolis on Mon Nov 26, 2012 at 10:32:55 PM PST

      [ Parent ]

    •  How much would it be worth to you (8+ / 0-)

      to physically assault someone on behalf of Walmart? & the chain doesn't even want you to to do it.  Ten bucks an hour? Twelve? Who's gonna pin a medal on you for that?

      "There ain't no sanity clause." Chico Marx

      by DJ Rix on Mon Nov 26, 2012 at 11:13:12 PM PST

      [ Parent ]

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