A double standard for Walmart

Last week it was reported that Walmart agreed to pay  nearly 2 million dollars and improve security in its stores in order to avoid prosecution for the trampling death of a temporary worker. The death occurred on the Friday after Thanksgiving, when hundreds of bargain hunters were lured to the store with the promise of low prices. Shortly after the incident the Nassau County DA stated they were launching an investigation, and considering criminal charges.

I'm sure a criminal prosecution would have been difficult, and I can understand why the DA went this route. I'm sure Walmart had great lawyers, who had unlimited resources at their disposal. What bothers me about the settlement is the double standard Walmart this standard demonstrates. Its not the double standard of rich and poor defendants, which certainly exists. Instead, it is the difference between how Walmart treats offenders, and  how they want to be treated.

As you can probably imagine, Walmart has more than its fair shair of shoplifters. Most criminal defense lawyers have handled at least one case where the person shoplifted from Walmart. As you might expect, Walmart has a policy.  They seldom lose anything, since most shoplifters are inept, and get caught walking out of the store. However, Walmart, has found a way to make money out of this. They routinely send demand letters to shoplifters, requesting payment of a civil penalty, to compenstate them for their trouble in catching you. Sadly, many people pay the money, and assume that is the end of the problems. Of course its not; the case is still prosecuted, and Walmart will not agree to "drop charges".  Unlike Walmart, most people can't get by with simply paying a fine. They still have to go court, and defend against the theft charges. Most end up with a theft conviction, which has long lasting consequences.

Many who shoplift do it out of necessity or stupidity. I can't guess how many students I have seen caught at Walmart. If they can't avoid a conviction, they end up with a mark that is devasting to their career plans. Most would gladly do anything to avoid that; including paying money, and doing community service.

I'm sure it would never occur to them, but now that Walmart knows what it is like to be a criminal defendant, wouldn't it be nice if they showed the compassion and understanding they were shown.