My boss: were his actions correct?

I can't blame him, I mean if he was going to steal things that were rightfully his and potentially hurt somebody in the process, he should get what he deserves. Today's legal system is pretty jacked up.
 
He shouldn't have smashed his face into the windshield. I don't sympathize with the robber, but the guy was using excessive force... That's definitely going to lose him some money if (when :/) the robber sues...
[sarcasm]Yeah, because the robber is just going to go ahead and sit around once the store owner catches up with him. "Tag, you're out!" He's not going to run. He's not going to fight back. Heck, he may have a concealed weapon with him, but he's definitely not going to use it.[/sarcasm]

Edit: Sorry if I come out like I'm insulting you in this post. I had fun writing it and might have gotten carried away. :)

I have the sudden urge to fight crime in a spiffy costume.
 
I am going to go to college to study law and I am already fairly familiar with english (read=western society) common law. Basically what he did falls under what can be paraphrased as "reasonable defense of people and property" meaning that if he has even a half-assed defense in court he'll be fine.

Because he can cite examples of prior problems with theft in the storewhat I jsut said in the above paragraph becomes more pertinent and defensible by law.

In addition, if he is sued, he can countersue for trespassing, intent for vandalism, intent to steal and possibly (I think that this is the vaguest, conspiracy for assault/vandalism) all of those carry mandatory 6 months (i think) at the minimum so your boss could put that mofo away for a while if he has a decent lawyer.

If you have questions, I have an English common law book that I am happy to crack open to help.

EDIT: actually excessive force is only of any use in court situations where the police or another government agency is involved, excessive force does not come into play in what could be labeled an assault, but since your boss was provoked (read= he watched his store get robbed, excessive force and assault don't really come into play much for good legal counsel).
 
[sarcasm]Yeah, because the robber is just going to go ahead and sit around once the store owner catches up with him. "Tag, you're out!" He's not going to run. He's not going to fight back. Heck, he may have a concealed weapon with him, but he's definitely not going to use it.[/sarcasm]

Edit: Sorry if I come out like I'm insulting you in this post. I had fun writing it and might have gotten carried away. :)

I have the sudden urge to fight crime in a spiffy costume.
You can take someone down without smashing their head through a window.
 
You can take someone down without smashing their head through a window.
Well, of course you can, or you can shoot them with a STANAG magazine full of 5.56 shells or cut their hands off (lol=middle east!!!!!!!!!!!! ftw!!!). If crime occurs, it is a problem, what do you do if there is a problem? You fix the problem, by any means necessary.


"Death solves all problems. No man, no problem."

-Josef Stalin, man of steel, 25 million mass murderer. He has credentials for dealign with crime.

i disagree with what the boss did, personally, I think that he should have killed the thief, there is a special circle of hell for thieves, those people who steal otehr people's property (physical, i don't give a damn about intellectual property). I think that society is all too tolerant of criminal intent.

That being said, I am probably going to end up as a criminal defense attorney if I decide to be a lawyer.
 
The Boss was totally justified and nobody in their right mind would disagree.

In other words, your boss is probably fucked.
 
What do you mean? "Fucked"

i think that he is pretty much covered (as far as my limited understanding of the law goes) even if the thief dropped the bag, he still stole that stuff, plus he ran from the scene whic hi think is another misdemeanor, so pretty much your boss is as legal as OJ simpson's murder of whoever he killed.

Vladimir Putin: if I killed Alexander Litvinyenko, here's how, lol, Vladimir Putin's body is a weapon of mass destruciton, look him up on wikipedia.

EDIT: LOL okay, I understand, sarcasm/malapropism in the second sentence of your post.
 
MinorthreaT.... ummm..you know what I meant. The smashing of someone's head into a window is overkill (figuratively). I don't appreciate you quoting me if you're not even really going to really comment on my post.

No offense, but I don't expect anyone to agree with you in that he should have killed the thief... and if that's supposed to be obvious sarcastic humor, you need to make it more obvious...
 

Deck Knight

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You know what, regardless of how much some snake lawyer makes off of this, Justice was served.

All I have to say is this: Getting your face smashed into something is an occupational hazzard of being a thief. Get over it. There are sewage workers sifting through your shit and they don't complain.

Rapists.
Murderers.
Thieves.
Trial Lawyers. (often intechangable with the above)

In order of the worst excuses for human beings to ever disgrace this earth.
 
You can take someone down without smashing their head through a window.
It would be much worse to have your head smashed into the pavement. In fact, I'm pretty sure getting your head smashed through a windshield would do less damage than a good, solid punch to the forehead. Unless some glass got in your eyes, of course.
 

Surgo

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MinorthreaT said:
I am going to go to college to study law and I am already fairly familiar with english (read=western society) common law. Basically what he did falls under what can be paraphrased as "reasonable defense of people and property" meaning that if he has even a half-assed defense in court he'll be fine.
I think I'll take my legal advice from someone who's actually profesionally trained in criminal law / justice, thanks.
 
IMO, your boss did nothing wrong, but the legal system won't think so. If he would've called the police, the criminal could've gotten away using the time wasted, instead of being rightfully bashed up. I really hate the whole thing about criminals going to court against cops that shot them, or something, after they just fled the scene of a triple homocide, or something (exaggeration). If they did something wrong in the first place, they shouldn't have the right to take legal action against someone who tried to prevent the crime, or stop the criminal. The Canadian legal system isn't much better, either, and we don't even have capital punishment. :\
 
The shop where I used to work (Toys R Us!) actually had an insurance policy for the managers in the eventuality that they were sued for assault on someone that they chased down that was stealing. They also made sure that no ordinary members of staff chased any miscreants down because they weren't covered by this policy, which meant that me and two of my colleagues who were all pretty fit just had to step aside and let this guy run off with a pile of computer games, followed by out 50-something, overweight manager.

Back on topic, I personally believe that what your manager did was right, but the law sides with whoever can afford the best lawyer, and legal aid pays better than the average middle class person....
 
Well, I think your boss is fucking awesome...but unfortunately, he probably will get his ass sued for excessive use of force. Sad but true; no matter how much of a moronic douchebag someone is you still get in shit for hurting them.
 
I used to work at a bike shop, the owner is very passionate about his business and after a HUGE theft of all of our skateboard section.

He got pretty crazy, while a man was taking a bike on a test ride he tried to steal it. He Tried to go around back of the store through these woods.

My boss ran out the back with a huge Pedal wrench, caut up to him when he trie to walk the bike up a hil and hit him in his achillies heel, he cut te whle thing.

The guy tried to sue saying he wanted to test it on a jump in the woods.

Judge didnt care my boss was good to go.

crazy shit.
 
I've got to say, I would not be surprised if your boss does face legal trouble. Robbing is obviously against the law, but did the robber keep the bag, or did he drop them and run? If he dropped and ran, he can make up some bullshit argument about how he was abused in the store. If he still had them, your boss could still face legal trouble, I think.

It kind of makes me think of mantrapping - if you set up your home to have some sort of alarm set off that injures someone robbing you, the burglar can sue you for the injuries and they will win.

if someone gets into your house, isn't it legal to do whatever you want to them as they trespassed? i think someone once told me as long as they're phsyically in your house, you can use any means of self defense...
 
I don't know that much about the legal system, but I've worked a few retail jobs and we've always been expressly forbid by company policy to ever chase a fleeing thief, and my understanding is that this is because if you do use "excessive force" they actually can bring a case against you.
Yeah, while I was working at Wal-Mart, we were always told that no one, not even the store's managers, have the right to lay a finger on anyone that is breaking the law in the store, with the sole exception of the loss prevention employee.

if someone gets into your house, isn't it legal to do whatever you want to them as they trespassed? i think someone once told me as long as they're phsyically in your house, you can use any means of self defense...
Yes... if they act first. Mantrapping means you've intentionally set up something to harm anyone that may enter your house, friendly or not. That is against the law.

So, you could setup, I dunno, a bucket full of sand to drop on someone's head when they enter the house, and if it's a burglar, they can sue you for the injuries and win. There's a ton of dumb laws out there, just like the aforementioned guy falling through the roof and winning the case.
 

GreenPikachu

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did he do the correct thing? absolutely not.

can't blame him though.


edit: rofl at MinorThreat, if you think that, i won't be surprised to see you fail out of school then. it's like that classic example case someone already said: a robber falls through a couple's roof, and falls onto and stabs himself with a knife, and then wins money in a lawsuit.
 
Wow, he should be punished to the full extent of the law. And by "punished to the full extent of the law" I mean "given a medal for being awesome". IMO anyone who commits and kind of breaking/entering/stealing related crime loses his legal protection against retaliation.
 

DM

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I think I'll take my legal advice from someone who's actually profesionally trained in criminal law / justice, thanks.
Hi, here I am. Sorry I'm late.

People are using the term "excessive force" a lot in this thread. Unfortunately, it doesn't apply to this situation. What Surgo said before:

Surgo said:
he was fucking robbing him
Is incorrect. He was stealing from the store, not the manager. The manager is not personally responsible to catch shoplifters, and 99% of companies require their employees NOT to chase a shoplifter under ANY circumstances. Even when I worked as a security guard I wasn't supposed to apprehend a person if I witnessed them committing a crime, if I did I would get fired.

Basically, the manager had no right to use force against the shoplifter. Yes, you could say it was justified, and I won't say I don't sympathize with him, but unfortunately his ass is out in the breeze in this matter. If your story tells everything that happened accurately, then I'd say your boss is in for a very rough time.
 
What if the boss also happens to be the owner of the establishment? Does he then have the 'right' to use force? In this case, I'm not sure if the guys boss is also the owner but it would be a helpful thing to know either way.
 

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