Should California Vote To Roll Back Criminal Justice Reforms?

“it’s not true that shoplifting less than $950 is no longer illegal—it can still be charged as a misdemeanor. “What Prop 47 did is increase the dollar amount by which theft can be prosecuted as a felony from $400 to $950 to adjust for inflation and cost of living,” Alex Bastian, who co-authored the proposition, told the Associated Press in 2021. “But most shoplifting cases are under $400 to begin with, so before Prop 47 and after Prop 47, there isn’t any difference.”

And even after being raised to $950, California’s felony threshold is lower than more than half of all other U.S. states: Deep red states like Montana and Kansas set theirs at $1,500, while Texas’s is set at $2,500.

“Under current law, prosecutors can already add together thefts that are demonstrably related, for example multiple thefts from the same store in the same week or skimming small amounts from your employer every day,” notes the Vera Institute of Justice, a nonprofit research and policy advocacy organization that supports criminal justice reform (and opposes Proposition 36).

In fairness, evidence indicates that certain crimes did increase after Proposition 47. “Driven by larcenies, property crime jumped after Prop 47 compared to the nation and comparison states,” according to a September 2024 report by the Public Policy Institute of California. At the same time, it wasn’t the biggest contributor: “Evidence is clearer that retail theft increased due to pandemic responses by the criminal justice system, and the increases were of greater magnitude than increases due to Prop 47.”

Similarly, a 2018 study in Criminology & Public Policy found “that Prop 47 had no effect on homicide, rape, aggravated assault, robbery, or burglary. Larceny and motor vehicle thefts, however, seem to have increased moderately,” but the rates of increase were both minor and had other potential causes.”

https://reason.com/2024/10/01/should-california-vote-to-roll-back-criminal-justice-reforms/

America’s shoplifting problem, explained by retail workers and thieves

“While many corporations are frustrated by retail theft, they’re not doing enough to try to solve it.”

“Some amount of shoplifting is always going to happen. “Shrink” — retail-speak for missing inventory that may have been stolen by outside parties or its own workers, damaged, or just plain lost — is inevitable. According to the National Retail Federation, the average shrink rate increased from 1.4 percent in 2021 to 1.6 percent in 2022. Taken as a percentage of sales, that translates to an increase from $93.9 billion to $112.1 billion in losses. That’s a big number — it’s also one that companies could take more steps to bring down, workers say.”

“It’s difficult to estimate exactly how much it would cost companies to really go after the shoplifting problem. Many retailers say that they are spending more to combat retail theft than they have in the past. In its 2022 annual report, Home Depot made note that combating shrink and theft and keeping stores safe requires “operational changes” that could increase costs and make the store experience worse for customers and associates alike. (Nobody likes the whole unlock-the-box-to-buy song and dance.)”

“There’s no strong consensus about what would really work, investment-wise. And loss prevention doesn’t bring in revenue, it’s just an expense. “Corporate offices want to see profit. Marketing brings profits, the buyers bring in profits. Loss prevention, in and of itself, does not bring any profits. We just try to deter loss,” says one loss prevention agent who works at a corporate office for a national retailer. “Loss prevention, typically, is the most underfunded department of any company.””

“Companies can and do try to crack down on theft by locking items up, but unless they really have enough workers to unlock everything, it’s a pickle, business-wise, not to mention an annoyance for customers. “Lock up your whole store and you’ll never lose anything. You’ll also never sell anything,” says Joshua Jacobson, a loss prevention professional in California. “Sales are more important to a company than shopping theft.”
Organized retail crime operations made up of boosters — people who steal the goods — and fences — those who purchase or receive and resell the merchandise — do actually exist, and they are difficult to combat. Stores and police departments can and do build up cases against them and make arrests, but it can be a bit of a game of whack-a-mole.

Most workers say that even when they catch boosters in the act, they blow right past them, and they’re often not allowed to say anything at all for safety reasons. That includes security staff, many of whom aren’t permitted to make physical contact with thieves (some say they want to be allowed to be “hands on,” though you can see where this could start to become a problem on multiple fronts, from liability to safety). Stolen products wind up sold in the open on the street or online on platforms like Amazon and Facebook. In June, the INFORM Consumers Act became law at the federal level, which requires online marketplaces to verify and disclose information on “high-volume third-party sellers” in an attempt to crack down on organized retail crime. It’s not yet clear how much of an impact it’s making.”

“One former booster told me he got into retail theft on a “massive scale” to support a drug habit. (He’s now been sober for over three months and has a regular job.) He described going to Home Depot and Lowe’s dressed relatively nicely — with a collared shirt, maybe a Bluetooth piece in his ear — and asking workers to get him generators or tools down from shelves. He’d put them on a cart, walk out the door, sometimes with a manufactured receipt in his hand, and get into an Uber or Lyft he’d ordered. “The times I was stopped, I never would acknowledge the fact that I’d just been caught,” he says. “If it’s already on the cart, I’m committed.” He’d then sell the items to a local pawnbroker or even to a foreman on a construction site. They had to have figured out what he was up to, handing over a brand-new generator for a fraction of the cost, but they didn’t ask. “They’ve got to be pretty stupid not to know.””

““The professionals, unfortunately, are rarely deterred, and the biggest deterrent to them is having off-duty law enforcement, which is very expensive,” says Prusan, the security and loss prevention consultant. “You can’t catch everybody, no matter who you are.””

https://www.vox.com/money/23938554/shoplifting-organized-retail-crime-walmart-target-theft-laws

The “Supermarket Sweep”

““From Seattle to Los Angeles, a “shoplifting boom” is hitting major retailers, which deal with thousands of thefts, drug overdoses, and assaults each year. Since 2010, thefts increased by 22 percent in Portland, 50 percent in San Francisco, and 61 percent in Los Angeles. In total, California, Oregon, and Washington reported 864,326 thefts to the FBI last year. The real figure is likely much higher, as many retailers have stopped reporting most shoplifting incidents to police.

Drug addiction is driving this shoplifting boom. In recent years, West Coast cities have witnessed an explosion in addiction rates for heroin, fentanyl, and meth; property crime helps feed the habit. According to federal data, adults with substance-abuse disorders make up just 2.6 percent of the total population but 72 percent of all jail inmates sentenced for property crimes. Addicts are 29 times more likely to commit property crimes than the average American. Furthermore, as the Bureau of Justice Statistics found, “[39 percent of jail inmates] held for property offenses said they committed the crime for money for drugs”—the most common single motivation for crime throughout the justice system.

Unfortunately, as West Coast cities grapple with an addiction epidemic, the shoplifting boom has only accelerated because of decriminalization. California’s Proposition 47, approved by nearly 60 percent of voters statewide in 2014, reclassified many drug and property felonies as misdemeanors, effectively decriminalizing thefts of $1,000 or less. Many criminals now believe, justifiably, that they can steal with impunity. For example, in San Francisco, police reported 33,000 car break-ins last year; the city now leads the nation in overall property crime. In Portland, a repeat offender nicknamed the “Hamburglar” stole $2,690 worth of meat in one year. He bluntly told police officers: “I know the law. I know the rules. I know what I can and can’t do . . . I’m never going to get over $1,000 at any store.” The Portland Police Department, which doesn’t assign officers to retail theft cases, admits that official statistics vastly underreport actual crime.

Some retailers have adopted a policy of private decriminalization, in many cases prohibiting their security guards from physically apprehending shoplifters. Liability losses, they believe, outweigh property losses. When I asked the manager of Seattle’s 96,000-square-foot Target if employees followed a “no touch, no chase” policy, he responded: “Officially, I can’t tell you our policy, but if you watch our front door for an hour, you’ll see pretty clearly what’s happening.” According to reports, the store likely has ten to 40 “security incidents” a day, including a dramatic incident last year when a drug-frenzied man went on a 15-minute rampage, destroying displays and merchandise, only to walk out the door with duffel bags full of goods. Police never arrived.

The shoplifting crisis isn’t limited to the West Coast. Retailers across the nation report $16.7 billion in losses to shoplifting. In many cases, they simply pass along the cost to consumers, with one study suggesting that this “shoplifting tax” costs the average family $400 a year. In Seattle, the shoplifting boom has forced some retailers to close stores in the downtown commercial district, citing massive losses and the threat of violence against employees. Another store, Outdoor Emporium, called 911 more than 200 times last year, but the city prosecuted only one of the incidents. Other retailers have stopped reporting shoplifting altogether—in a recent survey, downtown Seattle businesses reported “less than 5 percent of the daily crime they experience.”””