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South Carolina Woman Jailed After Failing To Return Movie Rented Nine Years Ago

An anonymous reader writes "Could you imagine being arrested for failing to return a movie you rented 9-years earlier? Well that's just what happened to one South Carolina woman. 'According to a Feb 13 arrest report, 27-year-old Kayla Finley rented Monster-in-Law in 2005 from now defunct video store Dalton video. The woman failed to return the video within the 72 hour rental limit, eventually leading up to her arrest 9 years later.'"

20 of 467 comments (clear)

  1. Can we get grammar cops too? by fascismforthepeople · · Score: 5, Insightful

    a movie you renter 9-years earlier?

    I think that statement is worthy of jail time as well.

  2. Statute of limitations by pcjunky · · Score: 5, Informative

    She will need to look up the laws in her state but here in Florida the statute of limitations is 5 years for a written contract. This should be easy to make go away.

    1. Re:Statute of limitations by russotto · · Score: 5, Insightful

      No statute of limitations for most crimes in South Carolina. Failure to return rental property of a value of less than $2000 is a misdemeanor carrying up to a $1000 fine and/or 30 days in jail. Probably a few bonus months for failure to appear back in 2005. And she gets to forever in the future check that box "I have been convicted of a crime" and therefore no good jobs for her, and since it's an FDIC disqualifying crime (larceny), she's forever barred from having a job in the financial industry.

      And you know what most people will have to say about that? "Well, she should have thought of that before she stole that videotape".

      (IANAL, and certainly IANAL in South Carolina)

    2. Re:Statute of limitations by Nexus7 · · Score: 5, Interesting

      It is a feature of stories based on a dystopian future, and bykn some accounts (Shock Doctrine, I think?) of the present-day US, that the "common folk', you know, the ones with only 1 vote, are subject to increasing harsh punishments to stifle any hint of dissent, let alone revolution. Arresting for not returning DVDs is just a macabre progression from arresting for pot possession.

      I'm sure in South Carolina, this will be only an human-interest story, not a cause of alarm or anything more.

      Corporations get off with no punishment for far worse than illegally foreclosing homes! However your example is apt, since mortgages can be viewed as renting money (not technically however).

      We had a rich man's son get off with no jail time for driving into 4 pedestrians, the judge said he suffered from "affluenza"! Other shocking examples are plenty in the US.

    3. Re:Statute of limitations by tompaulco · · Score: 5, Insightful

      Probably a few bonus months for failure to appear back in 2005

      Well, if she was properly served, then she definitely should have appeared. If she was not properly served, than the case should be thrown out.

      --
      If you are not allowed to question your government then the government has answered your question.
    4. Re:Statute of limitations by compro01 · · Score: 5, Informative

      In your rush to leap the defense of foreclosure, you missed the fact that none of what you're talking about has anything to do with what MickyTheIdiot was talking about, which is shit like being foreclosed on even if you've paid up or being foreclosed on, even though you don't have a mortgage.

      --
      upon the advice of my lawyer, i have no sig at this time
    5. Re:Statute of limitations by AK+Marc · · Score: 4, Insightful

      No, it's not a violation of the law to exercise discretion. The police have sued many times for that right (and almost always win), so they could have used it this time as well. They chose not to.

    6. Re:Statute of limitations by N1AK · · Score: 4, Insightful

      I have had police let me go for being drunk or stoned in public before, simply because I wasn't causing problems and they have bigger fish to fry.

      I've had the police let me go for jumping a red directly in front of a police car (not quite as retarded as it sounds honest). You, and I, could see that as the police prioritising their time and a good thing. The fact that it has been shown, again and again, that discretion isn't applied equally to different races and genders should make us reconsider that though. I shouldn't be getting an easier ride from law enforcement because I'm white middle class than someone who is black lower class, but 'discretion' encourages exactly that.

  3. I was once filed an order to pay for a tape once by GoodNewsJimDotCom · · Score: 4, Interesting

    I returned a tape, that old bowling movie KingPins to a local place through the drop box. But they mailed me ordering me to pay for it. Needless to say I didn't pay it. Imagine if someone got you arrested for failure to do inventory on their part.

    Also makes me wonder about those people who check out a library book and don't return it for like 50 years. What kind of late fees would they be looking at :P

  4. Economically Inefficient by jayveekay · · Score: 5, Insightful

    Arresting someone for theft under $10 ("Monster-In-Law" on DVD retails for about $5) seems to be a gross misuse of taxpayer dollars. A more efficient punishment would be to seize wages/tax refunds/etc. in the amount of the theft + some additional punitive amount.

    1. Re:Economically Inefficient by PRMan · · Score: 5, Funny

      Yeah, fine her $100 and call it a day. I mean, after all, she already watched Monster-in-Law. Hasn't she suffered enough?

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    2. Re:Economically Inefficient by laird · · Score: 4, Interesting

      Normally that's what happens in the US as well. Every place I've ever signed up for video rentals required me to give them a credit card and authorize them to charge me replacement costs plus a penalty specified in the contract. So typically she'd have been charged for the tape a few months after failing to return it. The idea of going to jail for losing a videotape rental is insane. I can't believe the video rental store would waste the money filing the charges over a single tape. Perhaps that sort of decision-making helped put them under?

  5. Re: Debtors Prison? by fuzzyfuzzyfungus · · Score: 4, Interesting

    I sort of thought they get rid of most debt based arrests.

    In theory, the US abolished debtors' prisons in the early 1830s(details vary by state, as usual).

    In in practice, well, you can always spin a new set of legalisms to achieve the same effect, can you not?

  6. This is the problem with Netflix, etc. by dacut · · Score: 5, Funny

    How are we going to arrest people on frivolous charges when movies are streamed? I suppose we could make it a felony to fail to rewind a stream when you're done viewing it...

  7. Re: Debtors Prison? by Sarten-X · · Score: 4, Insightful

    1) The victim is whoever absorbed the assets of the company at its closing. They've lost the value of the tape.

    2) Being a licensed rental copy, the replacement cost is in the range of a hundred dollars or more.

    The basic issue is that the law doesn't get to be ignored just because the media can spin the story to sound trivial. If someone robbed a store of $100 worth of merchandise, had an arrest warrant issued at the time, then spent nine years on the run, would it still be unreasonable for them to be arrested today? At the most basic level, the purpose of law is to provide a consistent accounting of what behavior society does or does not approve of. If a magistrate chose to neglect an old outstanding arrest warrant, then there'd be something very wrong.

    --
    You do not have a moral or legal right to do absolutely anything you want.
  8. Re: Debtors Prison? by In+hydraulis · · Score: 5, Funny

    If she lost a VHS tape 9 years ago, and the store went under since then, (1) there's no victim

    Are you seriously not seeing the cause-effect relationship here?

  9. Re:Debt by Anonymous Coward · · Score: 5, Insightful

    So you take something. The owner asks for it back. You refuse. You stole it.

    The owner goes to a court to sue you to get it back, because the value is too low for a state prosecutor to care. You ignore the suit. The judge issues an arrest warrant at the request of the owner. The owner then politely sends you several certified letters impressing upon you your duty to resolve the issue. You ignore those letters, and in particular ignore an order of the court.

    Later, you're arrested and forced to appear in court.

    How is that thuggery? For one thing, the police aren't even involved, just the sheriff (an officer of the court). This is old school justice, where the person wronged has to do all the leg work in court to vidicate his rights. This is how things were done long before jack-booted police even existed.

  10. Re:I was once filed an order to pay for a tape onc by natd · · Score: 4, Funny

    ... And people wonder why Blockbuster went out of business.... :-0

    Wow - you must watch a lot of movies!!!

    --
    Only big ligs use sigs.
  11. Re:Sheriff by ArsenneLupin · · Score: 4, Informative
    From the article:

    Pickens County deputy Hashe claims that Finley was at the sheriff's office on another matter when the outstanding warrant was discovered.

    So neither guns nor cars where involved here, she was already at the sheriff's office for a different, unrelated matter. Btw, that's probably why it took so long to execute that warrant (which actually was issued the same year that she failed to return the movie): the matter was too trivial to send a squad car with armed officers to her home, and police basically ignored it.

  12. Re:Debt by bzipitidoo · · Score: 4, Insightful

    This is bull. What's missing here is all sense of proportion. I'd love to have my former employers who owe me thousands of dollars in back pay thrown in jail. But it will never happen. Can bring a suit, and win it, but it doesn't matter, their companies are broke. Can't do anything more, like have a warrant issued. And there's this minor matter of the statue of limitations. Why wasn't this warrant voided after some appropriate time, like 7 years? Those former employers get off after only 4 years.

    It cost us, the taxpayers, far more money than that video tape was worth to process this warrant. Justice is not served when actions taken in the name of justice cause far more damage and expense than they save and deter. Zero tolerance has its place, and this isn't it. That video rental company should never have had the power to sic the police on anyone, not for that. That they could have such power is all the more reason to pirate. And the police need to be reminded who their real bosses are: the public.

    --
    Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"