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SELECTIVITY OF LEGAL SANCTIONS - AN EMPIRICAL INVESTIGATION OF SHOPLIFTING

NCJ Number
45443
Journal
Law and Society Review Volume: 11 Issue: 1 Dated: (FALL 1976) Pages: 109-130
Author(s)
E BLANKENBURG
Date Published
1976
Length
22 pages
Annotation
FACTORS DETERMINING THE PROBABILITY THAT SHOPLIFTING WILL BE DETECTED, REPORTED, AND SANCTIONED ARE EXAMINED IN A STUDY USING DATA FROM SELF-REPORTS, POLICE RECORDS, AND STAGED SHOPLIFTING EXPERIMENTS IN WEST GERMANY.
Abstract
SELF-REPORT DATA WERE OBTAINED IN A 1967 SURVEY OF 220 VOCATIONAL SCHOOL STUDENTS, WHILE THE SHOPLIFTING EXPERIMENTS WERE CARRIED OUT IN SUPERMARKETS AND DEPARTMENT STORES IN FREIBURG, GERMANY. OTHER DATA WERE OBTAINED BY INVESTIGATING THE RECORDS OF ALL KNOWN SHOPLIFTERS IN FREIBURG'S LARGEST DEPARTMENT STORE AND CHAINSTORE BRANCHES. THESE DATA SUGGEST THAT ENFORCEMENT OF THE SOCIETAL NORM REGARDING SHOPLIFTING IS HIGHLY SELECTIVE. THE STAGED EXPERIMENTS INDICATE THAT LESS THAN 10 PERCENT OF ALL SHOPLIFTING IS DETECTED, AND CUSTOMERS APPEAR UNWILLING TO REPORT EVEN FLAGRANT CASES. THE EXAMINATION OF STORE LISTS AND POLICE RECORDS INDICATES THAT, EVEN WITH A STATED POLICY OF FULL REPORTING AND PROSECUTION, ONLY 70 PERCENT OF DETECTED SHOPLIFTING IS REPORTED, AND ONLY 55 PERCENT IS SANCTIONED. FOREIGNERS, ADULTS, AND BLUE-COLLAR WORKERS ARE DISPROPORTIONATELY REPRESENTED AMONG SANCTIONED SHOPLIFTERS. THE FINDINGS ARE SAID TO CHALLENGE THE ASSUMPTION THAT SOCIAL NORMS BACKED BY LEGAL SANCTIONS ARE HIGHLY EFFECTIVE. THE DIVISION OF LABOR BETWEEN STORES, WHICH DETECT, AND POLICE AND PROSECUTOR, WHO SANCTION, MAY SUBVERT THE EFFECTIVENESS OF BOTH MORAL AND LEGAL NORMS. THE FINDINGS ALSO ILLUSTRATE THE MISLEADING NATURE OF STATISTICS WHICH PURPORT TO MEASURE CRIME BUT WHICH IN FACT DESCRIBE THE BEHAVIOR OF DETECTING AND ENFORCING AGENCIES. SUPPORTING DATA AND A LIST OF REFERENCES ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED--LKM)

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