Military-run stores have two flavors, either they are part of the Army, Air Force Exchange Service (AAFES) or they belong to the Navy Exchange (NEX). My research indicates possible due process violation by AAFES. AAFES runs itself under different regulations than NEX. The Navy Military Exchange employs due process according to Navy regulation OPNAV 5527.2b, Offenses by patrons calls for mandatory administrative and local consideration of cases. AAFES however sends all cases for criminal prosecution.
The only way to avoid a permanent record is to enter a juvi program or use "probation before judgment", but even with these procedures, they will always have to admit they were officially charged with shoplifting. There is geographic anomaly in that AAFES stores in foreign countries employ only administrative procedures, it refers not one of the overseas cases to criminal prosecution. Accepted practices in civilian stores use a range of administrative and criminal corrective actions to stop shoplifting.
I do not condone shoplifting, but I worry that the policies of AAFES are criminalizing our youth, placing on their records citations that hamper their entire future. The goal of jurisprudence is to stop the bad behavior, to rehabilitate, but their overly stringent policies only serve to stigmatize our youth forever even for a single mistake. I believe that administrative action can be as effective in correcting behavior as criminal prosecution, but fairer to the person in terms of their future, especially for the non-habitual offenders.
I know AAFES will probably defend their zero tolerance policy as an effective deterrent, but chopping off of a hand for theft is also an effective deterrent, but you do not see us using that practice. I think their zero tolerance policy will come back to haunt AAFES, and drive away customers as families, relatives refuse to shop at AAFES stores because of the appearance of unfairness. So they can go ahead and enjoy their stats for percentage prosecuted, decline of shoplifting, but be prepared for the downside, when sales start slipping for no apparent reason.
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