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  1. #21
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    Default Re: Lawsuit Claims Home Depot is Shaking Down Accused Shoplifters

    Bubba Jimmy;745414]Civil suits are entirely independent of criminal charges, and the burden of proof is very different. There is no such thing as a criminal "suit".
    well, there is such thing as a criminal suit because, guess what, the state is suing you.

    from an attorney's website
    What is the difference between a criminal lawsuit and a civil law suit?

    Friday, August 23rd, 2013Criminal and civil lawsuits are different in both objective and in the results. While a criminal case involves government prosecution of an individual for an act classified as a crime, in a civil suit, individuals or organization bring suit to resolve a dispute or seek damages. In criminal cases, the state acting through a prosecutor must show guilt beyond a reasonable doubt. And the plaintiff In civil cases is required only to show the defendant is liable
    but hey, maybe it's just me. You are free to look around and see that, while it is not the most commonly used term, it is a proper term.



    as to the other part, as my kids used to say when they were teens:

    no duh!!

    A finding of civil liability does not mean a person is criminally guilty
    .

    again: no duh!!


    ".
    Informing someone that they can be sued is in no way a veiled threat.
    actually, it can be and in this situation, that is exactly what it is. The intent is to make the person believe they are going to be prosecuted so they will pay.

    It is informing them of a potential consequence.
    I see. They have such interest, care, and concern for the thief that they feel the need to inform them of what could happen to them, but of course that only applies to a situation of being caught by somebody else. The point of telling them that is that it is a veiled threat. There is no other purpose.

  2. #22
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    Default Re: Lawsuit Claims Home Depot is Shaking Down Accused Shoplifters

    You keep ducking and weaving. I see nothing that says anyone is going to be prosecuted. That is something done in a criminal case. What is being said is that the company has ever right to sue them - and they do. Personally, I find thievery to be inexcusable unless it is food being stolen by a starving person. I have little sympathy for thieves.

    If I received one of those letters I would ignore it. Why? Because I am not a thief. Therefore, there is no video and there are no witnesses who will prove I've stolen anything. No statement of possible consequences of theft would cause me any fear. Honest people are not placed in fear if someone says they can be sued for theft. Causing a thief to fear? Well, I consider that a good thing.

    BTW, did you look up conversion?

  3. #23
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    Default Re: Lawsuit Claims Home Depot is Shaking Down Accused Shoplifters

    Bubba Jimmy;745441]You keep ducking and weaving.
    I didn't duck anything. I addressed each point you made.



    I see nothing that says anyone is going to be prosecuted.
    and your point?

    Let me put it a bit differently. I have a gun. I am robbing somebody. I say; I could shoot you if you do not give me your wallet.


    Is that a veiled threat or simply a bit of information I figure the victim would benefit by knowing and in my largess, I provide it to him?

    .
    I have little sympathy for thieves.
    same here but what is your point and what does it have to do with the question at hand? It actually suggests your position is a bit overly subjective and due to that, your responses will be a bit prejudiced against the thief.

    If I received one of those letters I would ignore it. Why? Because I am not a thief. Therefore, there is no video and there are no witnesses who will prove I've stolen anything.
    and that's you. I know people that, even though they are certain they did not steal anything would say;


    I've never been to jail. What happens if it looks like I stole something. I'm scared.

    People that lack confidence or have a fear of what might happen, even if they are innocent will fear the threat.


    Causing a thief to fear? Well, I consider that a good thing.
    agreed

    BTW, did you look up conversion?
    don't have to.

    and it would be; intentional tort: conversion (as in it is one particular tort as there are more than just that one)

    and intentional as compared to negligent.

    It simply means taking of another's property for your own purposes with intent to take the action. It is synonymous with theft for general purposes.

    conversion can be either (or both) a tort or(and) a criminal act. Some states have laws allowing it to be treated either way.

  4. #24
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    Default Re: Lawsuit Claims Home Depot is Shaking Down Accused Shoplifters

    Very good, partial credit granted. All states make theft from a store a criminal matter, and 49 of them are common law states that allow civil lawsuits for the tort of conversion. Some of those have codified the common law through statutes. Regardless, Home Depot has no ability to prosecute a criminal act. Only the government can do that. They can, however, file a lawsuit for tortious conversion of their property. You seem to believe they are outside the bounds of their rights to explain this to someone they caught stealing from their stores. But I can't discern on what legal principle you're basing that position.

  5. #25
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    Default Re: Lawsuit Claims Home Depot is Shaking Down Accused Shoplifters

    Partial credit? I didn't know I was being graded.


    ExtortionThe obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.
    Ok. Answer me this: how many people realize that a merchant has no right to prosecute a shoplifting charge?

    Most people believe it is the merchants choice so that means when a merchant threatens to prosecute, most people believe the store has that ability. Then, if we look at the term a bit looser, the store does prosecute, at least as many people define the term. The do call the police, file a report, and seek to have the suspect prosecuted.

    Due to either or both of those, extortion is a possibility.

    Simply stating: you do realize we could prosecute this, especially if there is no intent to prosecute (which HD apparently never had) would be a wrongful use of a threatened right in order to obtain the payment.

    If they are going to prosecute, then prosecute. If they aren't, then don't. Prosecution of the crime and the civil demand are not tied together. There is no need to even address the prosecution when dealing with the civil demand. If they make a statement that they could prosecute, may prosecute, will prosecute, or anything else of the sort and links that to the civil demand, even if it appears to be a harmless comment, that is extortion.

    You apparently do not speak with many people. There is a large part of the populace that would be in fear of prosecution and the possible results, even if they are innocent faced with; we could, would, might, whatever prosecute this.... If you think merchants have not coerced innocent people to pay a civil demand, you are quite naive.

  6. #26
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    Default Re: Lawsuit Claims Home Depot is Shaking Down Accused Shoplifters

    You are so confused.

  7. #27
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    Default Re: Lawsuit Claims Home Depot is Shaking Down Accused Shoplifters

    Quote Quoting Bubba Jimmy
    View Post
    You are so confused.
    Confused? I'm a realist. You seem to be living in a vacuum.

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