4 ms·

It makes a whole lot of sense, otherwise there is a loophole for unlimited stealing as Police/DAs do not want to waste time on misdemeanor theft. Also, you don

by mlrtime 10mo ago

It makes a whole lot of sense, otherwise there is a loophole for unlimited stealing as Police/DAs do not want to waste time on misdemeanor theft. Also, you don't want to criminalize the person who stole one small thing vs serial shoplifter.

nobody9999 10mo ago
>It makes a whole lot of sense, otherwise there is a loophole for unlimited stealing as Police/DAs do not want to waste time on misdemeanor theft. Actually, this was already addressed (n.b., aggregation laws only exist in nine states, see GP's link here[1]) in most places by an increase in the severity of the crime charged for folks being convicted multiple times. cf. Alabama's law[0] as an example: Enhanced Penalties for Theft Convictions in Alabama Alabama law increases the penalties for habitual (repeat) felony offenders. The length of the enhanced penalty depends on the number of past convictions and the felony offense level for the current offense. Second felony. For a second felony conviction, the sentence is raised one level—for instance, a class B felony increases to a class A felony. This penalty increase applies only to current offenses classified as class A, B, or C felonies. Third felony. A person with two prior felony offenses faces the following minimum prison terms: 10 years for a class C felony, 15 years for a class B felony, and 99 years for a class A felony. Fourth felony. A fourth felony offense results in minimum prison terms of 15 years for a class C felony, 20 years for a class B felony, and life for a class A felony. Class D felony with prior convictions. When the current offense is a class D felony and the person has two or more class A or B felony convictions or three or more felonies in general, the penalty increases to a Class C felony. (Ala. Code § 13A-5-9 (2024).) Whatever information a "Loss Prevention" team has might be useful to a DA, but unless there's authentication and verified chain of custody of such evidence, the ability to fake such "video surveillance" makes such "evidence" not worth a damn. [0] https://www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/petty-theft-alabama-penalties-defense https://www.criminaldefenselawyer.com/resources/criminal-def... [1] https://www.cnbc.com/2023/08/11/organized-retail-crime-nine-states-pass-laws-to-crack-down-on-theft.html https://www.cnbc.com/2023/08/11/organized-retail-crime-nine-...
- mlrtime 10mo ago
  Right, but these are all misdemeanors, there are no "strikes"
  - nobody9999 10mo ago
    That depends on relevant state laws. Perhaps Alabama wasn't the best example. Regardless, as I said, organized shoplifting rings are mostly addressed by other laws (related to criminal conspiracy and other criminal enterprise laws) which do carry felony penalties. If someone goes into Walmart three times a week and steals bread milk or eggs they should be charged with a felony and be sent to prison? Really? Shall we imprison those who sleep on the street too? How about speeders? Litterbugs? Jaywalkers? But we don't have enough prisons for that do we? Which leaves what? Summary execution? As Anatole France[0] observed[1]: “The law, in its majestic equality, forbids rich and poor alike to sleep under bridges, to beg in the streets, and to steal their bread.” [0] https://en.wikipedia.org/wiki/Anatole_France https://en.wikipedia.org/wiki/Anatole_France [1] https://www.goodreads.com/quotes/361132-the-law-in-its-majestic-equality-forbids-rich-and-poor https://www.goodreads.com/quotes/361132-the-law-in-its-majes...

by mlrtime 10mo ago

nobody9999 10mo ago

>It makes a whole lot of sense, otherwise there is a loophole for unlimited stealing as Police/DAs do not want to waste time on misdemeanor theft. Actually, this was already addressed (n.b., aggregation laws only exist in nine states, see GP's link here[1]) in most places by an increase in the severity of the crime charged for folks being convicted multiple times. cf. Alabama's law[0] as an example: Enhanced Penalties for Theft Convictions in Alabama Alabama law increases the penalties for habitual (repeat) felony offenders. The length of the enhanced penalty depends on the number of past convictions and the felony offense level for the current offense. Second felony. For a second felony conviction, the sentence is raised one level—for instance, a class B felony increases to a class A felony. This penalty increase applies only to current offenses classified as class A, B, or C felonies. Third felony. A person with two prior felony offenses faces the following minimum prison terms: 10 years for a class C felony, 15 years for a class B felony, and 99 years for a class A felony. Fourth felony. A fourth felony offense results in minimum prison terms of 15 years for a class C felony, 20 years for a class B felony, and life for a class A felony. Class D felony with prior convictions. When the current offense is a class D felony and the person has two or more class A or B felony convictions or three or more felonies in general, the penalty increases to a Class C felony. (Ala. Code § 13A-5-9 (2024).) Whatever information a "Loss Prevention" team has might be useful to a DA, but unless there's authentication and verified chain of custody of such evidence, the ability to fake such "video surveillance" makes such "evidence" not worth a damn. [0] https://www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/petty-theft-alabama-penalties-defense https://www.criminaldefenselawyer.com/resources/criminal-def... [1] https://www.cnbc.com/2023/08/11/organized-retail-crime-nine-states-pass-laws-to-crack-down-on-theft.html https://www.cnbc.com/2023/08/11/organized-retail-crime-nine-...

mlrtime 10mo ago
Right, but these are all misdemeanors, there are no "strikes"
- nobody9999 10mo ago
  That depends on relevant state laws. Perhaps Alabama wasn't the best example. Regardless, as I said, organized shoplifting rings are mostly addressed by other laws (related to criminal conspiracy and other criminal enterprise laws) which do carry felony penalties. If someone goes into Walmart three times a week and steals bread milk or eggs they should be charged with a felony and be sent to prison? Really? Shall we imprison those who sleep on the street too? How about speeders? Litterbugs? Jaywalkers? But we don't have enough prisons for that do we? Which leaves what? Summary execution? As Anatole France[0] observed[1]: “The law, in its majestic equality, forbids rich and poor alike to sleep under bridges, to beg in the streets, and to steal their bread.” [0] https://en.wikipedia.org/wiki/Anatole_France https://en.wikipedia.org/wiki/Anatole_France [1] https://www.goodreads.com/quotes/361132-the-law-in-its-majestic-equality-forbids-rich-and-poor https://www.goodreads.com/quotes/361132-the-law-in-its-majes...