It turns out shoplifting isn’t spiraling out of control, but lawmakers are pushing for tougher penalties for low-level and nonviolent crimes anyway.

Over the last couple of years, it seemed that America was experiencing a shoplifting epidemic. Videos of people brazenly stealing merchandise from retailers often went viral; chains closed some of their stores and cited a rise in theft as the primary reason; and drugstores such as CVS and Walgreens started locking up more of their inventory, including everyday items like toothpaste, soaps, and snacks. Lawmakers from both major parties called for, and in some cases even implemented, more punitive law enforcement policies aimed at bucking the apparent trend.

But evidence of a spike in shoplifting, it turns out, was mostly anecdotal. In fact, there’s little data to suggest that there’s a nationwide problem in need of an immediate response from city councils or state legislatures. Instead, what America seems to be experiencing is less of a shoplifting wave and more of a moral panic.

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Now, those more forgiving criminal justice policies are at risk, in part because of a perceived trend that appears to have been overblown.