Clarification of Question by
cjkc-ga
on
20 Jun 2005 13:45 PDT
How about Florida, Washington State, and Missouri. Florida and
Washington States have the highest minimum punitive civil recovery
damages of $200. I think all delegated police power has to come from
state government and most of the states are using the azdministrative
authority granted from the States to license uniformed security
guards to also license "secret" (no uniform or badge is worn)
security personnel in the retail stores.
It is my understanding that city-licensed security personnel have the
discretion to file criminal and civil complaints for shoplifting in
the courts, or perhaps both?---- but they appear to always call the
police to the stores and file their complaints with the sworn
commissioned police who then are required by law to ticket or arrest
suspects when there is probable cause to believe a crime has been
committed. This means that the cities in which the stores are located
and in which the security personnel are licenced with certain police
powers assume all of the responsibility and the expense for the
tickets and/or arrests and any prosecutions of the charge of
larceny-shoplifting in the courts. This means, of course, that there
is an unconstitutional bias in the lower courts and the lower courts
are closed to any defense to tickets for "stealing". This means,
also, that the retailers do not have to actually file civil suits in
the courts to demand civil recovery damages and almost immediately
after the tickets or arrests for shoplifting has been completed, they
or their agents prepare 37c letters demanding punitive damages from
the criminal defendants under the THREAT of filing civil suits for
"shoplifting" against these defendants in the civil courts. There
have been practically no civil suits filed for civil recovery damages
in the states.
The arrest or ticket from the city provides the fulcrum for the
cost-effective 37c letters of demand for civil recovery damages that
are sent from the retail corporations or their collection attorneys.
But, is this "scheme" in the best interests of the taxpayers? Should
the retailers be allowed to use our city police and our lower courts
to provide the fulcrums for their letter demands for punitive damages
from the "criminal" defendants?
I believe that many of the elected representatives in the legislatures
intended the retailers to use one or the other sanction; i.e.
criminal or civil, when they passed these laws, and I believe that
they didn't envisage or understand how the city police and the courts
would be subsidizing the retailers to provide "deterrence of
shoplifting" on behalf of the private retailers and their private
profits. Or, perhaps they did know that millions of "first-time"
arrested shoplifters would be diverted from the courts or diverted
into rehab or plea bargains where they can avoid a criminal record for
a crime of moral turpitude ----larceny shoplifting.
But, how can the cities justify the great use of our sworn police and
our prosecutors if these city-licensed security personnel have the
authority to file their criminal and/or complaints and probable cause
evidence directly to the courts on behalf of the city who licenses
them.
If the retail security personnel were to file a "civil" complaint in
the civil court for civil recovery damages allowed by law, the
store owner of the merchandise, or the legal business agent, would
have to join the civil complaint.
I guess my question for you is:
In most of the jurisdictions of the United States, particularly
Florida, Washington State, and Missouri, do retail security personnel
who are licensed by the city police authorities have the authority to
file and sign criminal complaints for larceny shoplifting (ticketed
as stealing) directly to the city/town/state courts
If the answer is "yes" ----- why don't they do this instead of calling
the commissioned police--who would then be free to respond to or
prevent real crimes against the people? (For over 200 years in the
law of the United States, apprehended shoplifting was an "attempt", an
inchoate offense, that was prosecuted upon the complaint of the owner
of the merchandise or his legal agent. Apprehended shoplifting is
only a completed larceny because the cities have sold the people's
"police power" to the American retail establishments who use secret
security personnel, secret detection devices in the merchndise, and
secret video surveillance to entrap shoppers for completed larcenies.
The cities assume all of the responsibility for the arrests and
prosecutions and the retailers collect millions of dollars in punitive
civil recovery demands ----and in 99.9% of all apprehended
shoplifting, they suffer no actual loss whatsoever!)
Wouldn't a city summons provide more due process protections for the
accused shoplifters who have voluntarily accompanied the licensed
security police to the retail security offices -------and who have
voluntarily surrendered the so called "stolen" merchandise within the
security offices of the private retail stores ------ usually before
the police arrive?
Or, would the city prosecutors be unable to charge a completed larceny
on the summons if the city commissioned police are NOT called to the
stores and the complaints are made directly to the courts by the
city-licensed retail police?