Prosecuting retail theft as burglary in the Appalachian foothills: The criminalization of poverty in Sullivan County, Tennessee

• In Event: Paths Through the Rural Justice System

Abstract

This project critically examines the use of Tennessee’s burglary statute in prosecuting repeat misdemeanor theft and shoplifting offenses at Walmart retail stores in rural Sullivan County, emphasizing the carceral experiences of individuals affected by these prosecutions. In collaboration with the grassroots community organization Community Defense of East Tennessee (CDET) and students from the Appalachian Justice Research Center at the University of Tennessee, this study investigates how the criminal legal system expands its control through felony burglary charges for retail theft. Through interviews with legal professionals—judges, prosecutors, and public defenders—the study examines how these cases are initiated, prosecuted, and adjudicated. This insight is complemented by an exploration of the broader social impacts of these legal outcomes on local communities, focusing on the interplay between Walmart’s theft management policies, law enforcement practices, and the court system. By analyzing three years (36 months) of publicly available court records, the project tracks the trajectories of these cases, critically assessing the role of carceral mechanisms in shaping both individual outcomes and community dynamics. Ultimately, this study explores the expansion of carceral control in rural Tennessee, highlighting the punitive reach of the criminal punishment system and its impact on local residents.

Author

• Kyra Martinez, University of Tennessee, Knoxville