Earlier quoted context omitted.
The physical design of the store makes it clear in most cases. The checkouts form a physical barrier between the “haven’t paid yet” area and the “have paid“ area. It is difficult to assume an attempt to steal in the former, much easier once one passes to the later with unpaid goods. The legal definition of theft - at least where I live - is all about intention. It involves an intention to deprive another of their pro…
“I forgot it was in my pocket.” And yes, I do realize that intention is part of the law. That wasn’t what I was saying really. I am saying that because we have that, we are implicitly accepting that a lot of this stuff cannot be ironclad. There has to be room for interpretation and enforcement.
Unless they have the law professor on video “forgetting it was in their pocket” again and again and again. With enough repetition, claims that it was an accident cease to be believable. Although then the law professor will probably have three esteemed psychiatrists willing to testify to kleptomania, and the case will go back in the too-hard basket again