Civic Register
| 7.7.21
Is Reducing Penalties for Shoplifting a Good Idea?
What do you think of California’s decision to reduce penalties for shoplifting?
What’s the story?
- A California law that eased penalties on shoplifting is coming under new scrutiny as businesses are forced to close or cut back their hours of operation amid a shoplifting surge in which several incidents have been caught on camera.
- In 2014, California voters enacted Proposition 47 which revised state criminal sentencing laws to make shoplifting less than $950 a misdemeanor offense when it was previously a “wobbler” offense, meaning that prosecutors had the discretion to pursue felony or misdemeanor charges. The initiative was intended to reduce overcrowding in California prisons.
- The years since have seen a rise in organized retail crime, in which thieves ― operating alone or in groups ― shoplift merchandise they believe is valued at less than the threshold that they later resell. When the shoplifters are arrested, they’re cited for a misdemeanor and released until their court date, at which time the charges against them may be dismissed if they fail to appear.
- The California Retailer’s Association notes that Los Angeles, San Francisco, and Sacramento have become three of the top 10 cities in the U.S. for organized retail crime. Walgreens has closed 17 stores in San Francisco in the last five years while CVS shuttered at least two. Target on Monday announced that its stores will close at 6 p.m. rather than 10 p.m. every day to curb shoplifting and reduce potential threats to the safety of employees and patrons, a step it hasn’t had to take in any other U.S. city.
- The closure of businesses and reduction of operating hours results in job losses and leaves fewer hours available for employees to work, in addition to making it more difficult for residents of a neighborhood to access goods they need on a day-to-day basis.
- San Francisco District Attorney Chesa Boudin’s office released a statement to CNN which said, “These videos and stories are infuriating. We support businesses experiencing these crimes and respect their policies to prioritize protecting their staff and customers above merchandise.”
- Boudin and his predecessor George Gascón, a co-author of Proposition 47 who is currently the district attorney of Los Angeles County, are facing recall petitions as constituents seek to remove them from office over the failure to blunt the rise in crime.
- San Francisco Police Lieutenant Tracy McCray criticized Boudin as advancing a “criminals first agenda” in the city because the thieves realize “he’s not prosecuting any of those crimes as felonies [or] as a commercial burglary.”
— Eric Revell
(Photo Credit: iStock.com / springtime78)
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Last time I checked I found the greater majority of the retail businesses aren't “Non-Profit.” So what do the majority of the business owners do? They pay rent for the locationof their business. They pay the utilities for their business. They all the store fixtures to display their products. They can’t do everything so they hire someone (or a number of someones) to help the business stay in business to begin with. They buy insurance for their business and everything associated with it. Then theres “workman's comp” that’s not free. Then theres taxes that need to be collected by the business (Federal, State, and local). Not to mention the business “owners” personal taxes. And if they want to expand their business they need funds for that. In the end, a fraction of the above, and even more than I've mentioned, is added to the actual cost the of the product, or service, offered by the business owner. So it's not a big deal that someone shoplifts from a store? Think about it, is the business owner just going take a loss and write it off? Because if they do, they won't be in business long. So whats the business owner to do? At first they might raise the prices a small amount. If it continues, more people shoplift, the higher and higher the prices go! No big deal, right? Wrong! In a short time the business closes or it's prices become so high only a few people can pay for what the business owner offers. So the situation is, in reality, do you want to pay more for the same thing offered on the other side of town at 20% (or more) less for the exact same thing that will take a 1/4 of a gallon and 20 minutes to get? Bottom line, shoplifting cost the next “paying” customer to have to pay more then they should, or need to. THERE IS NOTHING FREE FOR ANYONE! Rich, poor, or otherwise! EVERYTHING HAS A PRICE!!! On top of all that - there is NEVER enough for anybody!
Penalties should be increased.
Shoplifting is most often a response to living in poverty. We should be solving poverty instead of punishing its victims.
Shoplifting is a crime.....treat it as such with criminal penalties!
Have to teach people the hard way. People can’t go around and shop lift. It’s plain stealing some one else’s property.
It not so much the crime of stealing, but what is stolen. If it food, crime should be minimal, but for others items should go up, price is not the answer, put the item, for what reason and why? The problem is, it can be a stepping stone to bigger things!
I agree with Dave; essentially, lack of money is the root cause that drives shoplifting and other crimes for survival.
No it’s not and it shouldn’t be a question. You CANNOT reward bad behavior when shoplifting is at the most dangerous and OUT of CONTROL than it has ever been. Just as not holding 45 accountable for any of his bad behavior has emboldened the Tea Party, Supremacists, Oath Keepers & the Moors militia group, etc along with the progressives with their defiance & rhetoric have created an atmosphere of lawlessness. So are you surprised that the old way of shoplifting and the gangs of smash and grab shoplifters don’t care or try and hide the blatantness of their crimes. running through stores because they know they have a good chance of getting away. The shoplifters and the gangs of shoplifter/looters smash and grab gangs are more dangerous and costly but stealing is stealing. There is no way to separate the 3 types of shoplifters unless they create a “classification by type” system as in DUIs (impaired), murder (1st, 2nd degree etc), burglary (invasion) etc. A few years ago I would have said lesson the punishment but today the criminals expect a pardon, a bargain or a dismissive type of sentence. We have to figure out how to rein in and change the minds of the emboldened & invincible with good behaviors, morals and respect. Because it appears to me as I am sure it does to the criminals that shopkeepers & store owners feel powerless and the police have been unable to regain control due to heightened microscope they have put themselves in. Scary & sad.
We need to establish respect for laws, and a path for quick judicial action! We should also meter out punishments that best address the person and the situation! By best is to do right by the store owner, and put the person on a good path !
Best way to tell law abiding citizens that you give 0 care about their businesses. Why?? Why would we refuse to hold criminals accountable for their actions?? It’s the extension of the summer of riots and burning homes / businesses all over again... first it was the ill-effective draconian shut downs that destroyed small businesses, then the rioting / looting / burning, now we are going to legalize being a POS citizen?? Wtf world is this!?
You can see crime on the wave, with basically no response from the Police and what it's doing to the retailers in SF. We have an Epidemic of Shoplifting! OMG!! More Bad policy decisions from those in control in the Bay Area! (I LIVED it for 18 Years) Retailers on the South side of Chicago get out of town or close their doors for the same reasons.
I understand the point of the reduced penalty in the first place, but there must be a way to address organized conspiracy or shoplifting as a business model. Either way, that is a matter of state law and NOT a matter for your United States Congress.
Probably a bad idea. However, to determine which approach works best (i.e. reduces shoplifting) let the current reduced penalities law operate for 6 months or so and then compare the rate of shoplifting under the new law to the rate of shoplifting under the old law. If there is a spike in shoplifting under the new law, then you have data to show that the new law isn't working.
Stealing is still stealing. Value has no role in this discussion.
I could be wrong. Maybe it is OK not to pay for things if you don’t want to.
No! Where I live in Atlanta when you go to a mall it looks like an armed encampment die to the shoplifting. It’s not just small time stuff it’s a business where racks of clothes and cases of watches etc are stolen and sold on eBay. It is literally racketeering, a big business.
Penalties for crimes are meant to dissuade the person committing future crimes and others from committing like crimes. If a person steals out of hunger or desperation, imprisoning does little to prevent future crime and likely would force them to commit future crimes. I would sentence someone who stole food for their family to paid community service at something $2/hour until they work off the value of whatever it was they stole, with more severe penalties if they fail to report or to meet their commitment. For people trying to finance their drug habits, mandated 8/hours per day attending drug rehab programs and doing work for the facility- cleaning up, making coffee or other refreshments, setting up seating, and observing the damage done to others by their addiction. For someone stealing just to fence stuff for themselves or as part of a coordinated ring, more extreme versions of community service like cleaning up sewage treatment plant intake plumes. … … … I think that the punishment needs to be tailored to the needs of the punished to actually punish but not result in more need to steal after being imprisoned. … … … Repeat offenders have not learned their lesson and, of course, would require more severe sentencing. … … … The point is that ‘justice’ must be just and sentencing must be careful to not force people into further criminal behavior - so I support making initial shop lifting a misdemeanor that needs to be worked off doing something positive without bankrupting the penalized into committing future crimes just to survive.
The liberals think just about any crime is justification for America’s past mistakes. This is why, crime is up in every liberal city run by liberals. We need the third strike law back. Crime was way down when we had it. We need our police force to be able to “stop and frisk”anyone. It works. Crime was way down in NY. Look at NY, Chicago, Detroit, Philadelphia, LA, SF and the rest of the liberal cities now. Disgraceful!
this encourages bad behavior.
In 2014 the threshold for theft to be considered a felony was increased from $450 to $950. Years after crime for theft has increased. Hmm this is not a head scratcher. Criminals will take advantage of the system. This is just one of many problems California is facing. So sad such a beautiful state. Democratic progressive policies are yet to show any sustainable outcomes.