----- Original Message -----
From: David P. Schwartz <
davids@desertigloo.com>
To: <
plug-discuss@lists.PLUG.phoenix.az.us>
Sent: Monday, February 12, 2001 2:30 AM
Subject: Re: [OT] -- Fry's and other retailers - kls
> CIE-Keith wrote:
>
> > This will never happen. It is unconstitutional. There is a due
> > process requirement under the law. I can not fine you for
stealing
>
> So what? What's that got to do with anything?
>
He was saying that private businesses fine people for shoplifting. As
an additional note, most people that shoplift do not have the means to
pay a fine.
> I hate to tell you, but most folks don't realize that no government
agency or agent can force any citizen to sign or acknowledge any
> personal statement "under penalty of perjury". (Ever been read your
"Miranda rights"?) That's what the Fifth Amendment says.
And the 6th & 14th amendments. Miranda was the culmination of two
appeals to the Supreme Court. Miranda VS.. AZ and Guidian VS..
Wainwright (I hope I spelled it right.) A statement was taken from
Miranda which later found it's way to the Supreme Court. Guidian
requested a lawyer under the 6th amendment because he could not afford
one. On appeal the Supreme Court rolled both into what is know as
your Miranda Warnings. 1) you have the right to remain silent.... 2)
You have the right to an attorney......
> Now,
> given that little tidbit of information, exactly how many people do
you suppose would accept that and choose not to send in a duly sworn
> tax return this year? More people are afraid of the propaganda due
to their ignorance than they are interested in standing on their
> rights.
>
You can only claim the 5th amendment if you need a criminal
protection. I do not falsify my taxes so therefore I am willing to
sign my tax return. If you refuse to sign your tax return you will
get audited, and they will find some mistake and they may charge you
with something.
> There is also a due process requirement that says that any "levy"
issued by the IRS must be properly issued by a judge after a court
> hearing. How many people do you know who've received "Notice of
Intent to Levy" from the IRS and subsequently had their bank accounts
> and so-called wages garnished without a court hearing? (Read about
an interesting court decision in this regard at:
> http://www.nite.org/docs/Boulder_Dam_Credit_Union-v-Williams.htm)
>
> Do you know why the government and others get away with it? Because
people let them!
>
> People (theives who are caught) pay fines to these places because
they feel guilty and they feel threatened. And they typically don't
> know diddly about the law or their rights under the law.
Again, most shoplifters have little or no assets and can give a care
about you and me.
>
> In defense of the retailers, however, the reduction in losses due to
theft far exceed the costs of paying some rent-a-cop to sit at
> their door and make a pretense of inspecting packages. It's
primarily a psychological defense, and it's usually very
cost-effective.
> Oddly, since CompUSA got bought by a Mexican conglomerate, they've
changed a bunch of their policies, including eliminating the
> inspection guards from their exits. It seems strange because,
according to PC Week articles, they've shifted their focus to
higher-end
> products. I haven't noticed boxes getting bigger, but I have
noticed the stuff they sell has been getting smaller while their
prices
> have gone up...
>
> -David Schwartz
>
>
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