Category: General

No, misuse of ID info is not shoplifting

California’s Proposition 47 created a new offense of shoplifting to deal with the overreach of charging people with burglary when they only walked in the open door of an open store to steal something, a crime which should have been charged as theft.

A creative defendant charged with misuse of personal information tried to get his crime reclassified as shoplifting, and a Court of Appeal panel actually bought that. Today, the California Supreme Court unanimously reversed.

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Frisco County Line

Incentives matter. Increase the likelihood or severity of the penalty for doing X and fewer people will do X. This is a basic principle of human behavior, yet the soft-on-crime crowd regularly insists that deterrence is useless (implying that criminals are mindless beasts, not fully human).

San Francisco has only one land boundary, with San Mateo County to the south. (SFO Airport is in San Mateo.) The differing approaches to auto burglary provide one more data point confirming what common sense tells us.

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