Shoplifting Facts
As a merchant, knowing what approach to take when it comes to detaining a suspected shoplifter without violating their rights can be difficult. How much force can you use to detain the suspect? What are their rights? What are your rights? The confusion and fear that accompany these questions can cause both merchants and employees to turn a blind eye to the problem, with hopes of making up their losses by passing them on to consumers through increased prices. But with entire retail chains having to close their doors over the years due to shoplifters, merchants can't afford to look the other way.
The Real Price of Shoplifting
Shoplifting may seem trivial to the greedy and self-serving thieves who commit the crimea bottle of soda here, a pair of earrings therebut to merchants, shoplifting equates into billions of dollars of lost revenue each year.
Today's statistics bring to light the glaring truth about just how financially damaging the crime of shoplifting is on retailers and our economy. According to the preliminary National Retail Security Survey released by the National Retail Federation:
In 2009, retailers suffered a total retail loss of $33.5 billion.
Shoplifting attributed to 35% of total losses.
Employee theft attributed to 43% of total losses.
Shoplifting Defined
Shoplifting laws generally define shoplifting as a premeditated actintentionally stealing or paying less for merchandise offered for sale by a merchant with the intent to permanently deny the merchant of the full value of the items. Shoplifting occurs when a customer conceals, carries away, or manipulates merchandise with the intent to steal or pay less for the item.
Some shoplifting laws include using a false form of payment, switching a price tag, refund fraud, and even taking a shopping cart or other merchant property as a form of shoplifting. The intent to shoplift can be all that is needed for the charge of shoplifting to be brought against a perpetrator, even if the act of shoplifting was not successfully carried out.
Demographics
People who shoplift vary in age, sex, ethnicity, economic status, and education. Some shoplifters steal for the thrill of it, some steal as a result of a compulsive desire, while others simply steal for the benefit of gaining something they want without having to pay for the item. Some shoplifters are very skilled and plan out their acts of theft, while others can't help themselves due to being inflicted with an addiction, obsessive compulsive behavior, or other psychological disorder. Some shoplifters steal out of desperation as a result of job loss, homelessness, alcoholism, or drug addiction. Those who are aware of exactly what they are doing usually rationalize their actions by convincing themselves that the merchant can afford the loss.
Although the majority of shoplifters are amateurs, there are also organized rings of thieves who make a living through shoplifting. Most amateur shoplifters look for opportunities and are usually rudimentary in their methods. As a result, the amateurs are caught more often than the professionals.
Professional shoplifters who make a living from shoplifting are usually highly skilled. Some work in teams, often using complex distraction methods, while others use physical force, fear, and intimidation to gain access to desired merchandise and then flee the premises. It can be extremely difficult to stop premeditated professionals from stealing merchandise when we live in a society where merchants place their goods on display out in the open.
In metropolitan areas, professional shoplifters utilize "fences." A fence is an individual or organization who knowingly buys stolen property for later resale. The thieves visit retail stores in search of specific items to steal for their particular "fence." In exchange for their efforts, the thieves are paid 10-20% of the cost of the item. Some also receive paid room and board, as well as complete training on how to successfully steal retail merchandise and outsmart a variety of anti-theft devices.
Rules for Detaining a Shoplifter
Detaining a shoplifter for arrest is not without risk. In addition to having to use physical force to stop and detain a perpetrator, a merchant can sometimes be sued if excessive or inappropriate force is used. It is not uncommon for customers within the U.S. to become infuriated when they feel they are being watched or are questioned about their actions by store officials. Some merchants have been sued by customers detained for shoplifting, with the perpetrator accusing the merchant of false imprisonment, false arrest, assault or excessive use of force.
To avoid the potential for being sued, a solid base for probable cause must be established. You can do so by applying the following universally accepted rules before detaining a shoplifting suspect:
You must see the suspect approach the merchandise.
You must see the suspect select the merchandise.
You must see the suspect carry away, conceal, or convert the merchandise.
You must maintain constant observation of the suspect.
You must see the suspect fail to pay for the merchandise.
You must confront the suspect outside of the store or building.
Indeed, suspected shoplifters have rights. But as a merchant, so do you! You have the right to earn a living and protect yourself and your business against crime. Over time even the inexpensive merchandise stolen by shoplifters can turn into huge losses. So instead of turning your back on the problem, keep a look out for shoplifters. By applying the above rules, you can help protect yourself and your business from these selfish criminals.
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Shoplifting Facts
By: Jordan Frankel