Prosecute the suspect

Here's what you've got to do first:

You've got to review the prosecution's evidence. The prosecution's evidence must prove the following:

• The accused person stole from your store. He has valid testimony of yourself or a competent employee that they saw them remove the item from the display and conceal it.
• The defendant (or accused) passed the last checkout with no attempt to pay?
• Can you prove the item (evidence) is yours? (It must have a price tag or identifiable in some other way as being yours)

If you have all of the above, then continue preparing for you case. If you do not have all of the above, then you should make the decision NOW to release the subject.

Review the defense evidence. The defense evidence is what the suspected shoplifter's lawyer is going to say when they're in Court. Listen to it. Here you must set aside your emotions for a minute, and ask yourself, "Will a judge believe what the shoplifter is saying? Will he believe it?" Remember, the burden of proof is on the store, not on the shoplifter, and admission of guilt at the store may not be allowed as evidence in a trial. Even if the shoplifter admits the theft in the store, it doesn't mean when you get to Court he's going to tell the same story. Neither, does it mean that your testimony, that he admitted it, is going to be allowed as evidence in Court.

Did the suspect deny the intent to shoplift? Did the suspect say "I've forgot to pay for it? Or, "I intended to item, he's saying, "I took it. I just didn't pay for it."

At the same time, he's denying the criminal intent to steal. He's saying, "I simply made a mistake. I forgot." Is your evidence strong enough to prove intent? If they offered an excuse, please check it out. They may have said, "My husband is coming and we're going to pay for it all by check, so I was just waiting for him." Was her husband coming? Somebody may have said, "I was just going outside to spit." These are things you have to decide whether a judge or jury will believe.

Did the suspect claim ownership? Did he say, "I bought it earlier at another store." They may tell you they have a receipt in a car. Let somebody go look and get it. They may tell you that their grandmother can verify that they bought it earlier. Ask the grandmother. Now, you've got to remember, the judge and jury are going to listen to what grandmother's got to say, just like they're going to listen to you. If the merchandise has no store markings on it, and you have no physical way of establishing the item is yours, then let it go.

However, if at this point you look at the facts and decide to prosecute, then have them arrested by an officer and sign the necessary papers. If you look at the facts and decide you do not have sufficient evidence release the suspect. Send Comments to vancleve@prairie.nodak.edu
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