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Take Walmart out of the equation for a second. Let's say an 18 year old breaks into an old man's house to perform some routine youth mischief, and in the proces

Take Walmart out of the equation for a second. Let's say an 18 year old breaks into an old man's house to perform some routine youth mischief, and in the process trips and breaks his leg. The old man catches him. He has a choice: call the cops and report a break-in, giving the kid a record, or sternly rebuke the lad and tell him that if he fixes the damage he caused and comes back to perform some other maintenance on his house, a little painting and power washing, mowing the grass for a bit, he'll accept the guy means well and just write it off what happened as a wayward joke. Because what's really at stake here is that this crime is defined by acting against the victim's consent over his property. It's not that Walmart (or the old man) is empowered to dispense criminal justice; it's that the prosecution need the property owner to confirm on record that there was a violation of property in order to have any case at all.

da_chicken 9y ago
Ok, and what if the man says, "And pay me $10." Is that blackmail? What about $100? $1,000? $10,000? Or what's to stop the man from continuing to demand additional services? Or lying and pressing charges on the kid after the fact? What if it's a 17 year old kid? 14? 10? You see that there's a line here that isn't obvious between, "I'll decline to press charges if you do me a small favor," and, "I'm going to blackmail you." That's why the law doesn't make a distinction. Assuming that the victim of an attempted burglary or attempted shoplifting is going to be magnanimous and reasonable when they've just been victimized is not at all a safe assumption.
- lr4444lr 9y ago
  IANAL. But no, I suspect it does not count as blackmail. The man is within his rights to press charges. But once the kid comes back to the house and does extra work, it'd be pretty obvious to the authorities that there some sort of verbal agreement to settle the matter if the old man tries to renege and press charges, even if not a written one. I also suspect that a number of people caught in the actual situation at hand with Walmart have had some lawyers among their friends and family whom they thought they might question about a blackmail angle, and the fact that Walmart has kept up his policy is likely evidence that it's been tried and failed. Shopkeeper's Privilege[0] and its related proceedings is actually a pretty interesting corner of the law. [0]https://definitions.uslegal.com/s/shopkeepers-privilege/ https://definitions.uslegal.com/s/shopkeepers-privilege/
  - shkkmo 9y ago
    >IANAL. But no, I suspect it does not count as blackmail. California Superior Court Judge Harold Kahn is a lawyer and says it is extortion (at least under California law). > the fact that Walmart has kept up his policy Walmart has not maintained the policy. Joe Schrauder, the retailer’s new vice president of asset protection and safety has removed this program from all Walmart stores.

da_chicken 9y ago

Ok, and what if the man says, "And pay me $10." Is that blackmail? What about $100? $1,000? $10,000? Or what's to stop the man from continuing to demand additional services? Or lying and pressing charges on the kid after the fact? What if it's a 17 year old kid? 14? 10? You see that there's a line here that isn't obvious between, "I'll decline to press charges if you do me a small favor," and, "I'm going to blackmail you." That's why the law doesn't make a distinction. Assuming that the victim of an attempted burglary or attempted shoplifting is going to be magnanimous and reasonable when they've just been victimized is not at all a safe assumption.

lr4444lr 9y ago
IANAL. But no, I suspect it does not count as blackmail. The man is within his rights to press charges. But once the kid comes back to the house and does extra work, it'd be pretty obvious to the authorities that there some sort of verbal agreement to settle the matter if the old man tries to renege and press charges, even if not a written one. I also suspect that a number of people caught in the actual situation at hand with Walmart have had some lawyers among their friends and family whom they thought they might question about a blackmail angle, and the fact that Walmart has kept up his policy is likely evidence that it's been tried and failed. Shopkeeper's Privilege[0] and its related proceedings is actually a pretty interesting corner of the law. [0]https://definitions.uslegal.com/s/shopkeepers-privilege/ https://definitions.uslegal.com/s/shopkeepers-privilege/
- shkkmo 9y ago
  >IANAL. But no, I suspect it does not count as blackmail. California Superior Court Judge Harold Kahn is a lawyer and says it is extortion (at least under California law). > the fact that Walmart has kept up his policy Walmart has not maintained the policy. Joe Schrauder, the retailer’s new vice president of asset protection and safety has removed this program from all Walmart stores.