Shoplifting (West's Encyclopedia of American Law)
Theft of merchandise from a store or business establishment.
Although the crime of shoplifting may be prosecuted under general LARCENY statutes, most jurisdictions have established a specific category for shoplifting. Statutes vary widely, but generally the elements of shoplifting are (1) willfully taking possession of or concealing unpurchased goods that are offered for sale (2) with the intention of converting the merchandise to the taker's personal use without paying the purchase price. Possession or concealment of goods typically encompasses actions both on and outside the premises.
Concealment is generally understood in terms of common usage. Therefore, covering an object to keep it from sight constitutes concealment, as would other methods of hiding an object from a shop owner. A shopper's actions and demeanor in the store, her lack of money to pay for merchandise, and the placement of an object out of a retailer's direct view are all examples of CIRCUMSTANTIAL EVIDENCE that may establish intent.
Shoplifting costs businesses billions of dollars every year. To enable store owners to recoup some of their losses, most states have enacted civil recovery or civil demand statutes. These laws enable retailers to seek restitution from shoplifters. Criminal prosecution is not a prerequisite to a civil demand request. Typically, a representative of or...
(The entire section is 339 words.)
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Shoplifting (Encyclopedia of Small Business)
Shoplifting is the practice of stealing merchandise from retail establishments. Unfortunately, shoplifting is a serious and persistent problem for most retailers. An annual National Retail Security Survey reported in Providence Business News found that shoplifting accounted for one-third of retail losses and cost a total of $8.5 billion in 1999. According to an article in Pharmaceutical Technology, 5 percent of retail customers have the potential to shoplift. Some of the most problematic are professional shoplifters, or boosters, who steal high-value items in order to resell them. Among the most commonly stolen items are tobacco products, athletic shoes, brand-name clothing, small appliances, jewelry, leather goods, and food items.
Shoplifting costs retailers a great deal of money in terms of lost inventory, increased security measures, and higher legal expenses. It also affects store location, causing stores in high-theft areas to relocate and contributing to the deterioration of urban centers. Finally, it costs consumers in terms of higher priced goods. "The cost [of shoplifting] is very high," said business professor Ed Mazze in Providence Business News. "It cuts into the profit margin of the retailer and is paid for by the consumer. It requires stores to invest in more complex security devices."
The first step for retailers hoping to reduce their losses to shoplifting is to create a strong antitheft policy and publicize it among customers and employees alike. In preparing a policy, it is important to note that deterring theft is usually less expensive than apprehending and prosecuting thieves. In addition, retailers must be familiar with the shoplifting laws in their states, particularly in light of recent incidents involving the assault of alleged shoplifters by store security guards. Some states require individuals to exit a store before they can be accused of shoplifting, for example. Experts suggest that small business owners consult with local police or their insurance company to obtain assistance in setting up an antitheft program.
In order to address the problem of employee theft, retailers can use integrity questionnaires and conduct reference checks when hiring new employees. In addition, software solutions exist to help retailers detect point-of-sale errors and fraud. Another way that small retailers can help prevent shoplifting is to buy merchandise from established sources. In many cases, professional shoplifters steal from major retail chains and then resell the merchandise to small, local stores. A good rule of thumb is that if you are able to buy merchandise less expensively than a big chain, then it is probably stolen merchandise.
Retailers have a number of security measures available to them to help deter potential shoplifters. A good place to start is by training employees to recognize and report suspicious behavior. Visible security measures are another valuable way to deter shoplifters. Security gates in doorways, security cameras in obvious locations, and uniformed security guards patrolling the store are all strong deterrents. Many retailers choose to reduce the temptation to steal by putting items that have high theft rates behind counters or giving them electronic article surveillance (EAS) tags. These methods have drawbacks, however, because limiting customer access to items reduces sales, while applying antitheft tags to items is labor intensive.
A relatively new weapon in the fight against shoplifting is source tags. A source tag is a type of EAS tag that is applied by the manufacturersually inside the container or packagingather than by the retailer. The usage of source tags is growing, particularly in the areas of health and beauty aids and over-the-counter drugs. Some source tags can be used for both security and inventory control. In the future, the technology might even be used for tracing stolen merchandise that is resold to other stores. "Source tagging helps us provide our valued customers with low-cost products and the perpetual inventory they are looking for," Tom Coughlin, CEO of Wal-Mart USA, told Hallie Forcinio in Pharmaceutical Technology. "It allows us to enhance sales and focus our resources on how we can better serve our customers."
Forcinio, Hallie. "Electronic Article Surveillanceource Tag to Smart Tag." Pharmaceutical Technology. October 2000.
Guzzo, Maria. "Security Measures." Pittsburgh Business Times. July 23, 1999.
Mavromatis, K. Alexa. " 'Tis the Seasono Shoplift." Providence Business News. November 27, 2000.
"Protect High-Risk Items from Shoplifters." Chain Store Age Executive with Shopping Center Age. June 1998.
Weinstein, Steve. "Loss Leaders." Progressive Grocer. September 1998.
Wilson, William. "Being Prepared Is the Best Strategy against Shoplifters and Robbers." Discount Store News. April 3, 2000.