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Is The Exclusionary Rule Worthwhile?

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  • EVAN OSBORNE

Abstract

In the U.S. criminal courts must throw out improperly obtained evidence. A key justification for this practice is that it is that it deters law‐enforcement misconduct. This paper uses principal‐agent theory to suggest that, contrary to economic and other conventional wisdom, if the exclusionary rule is flawed it is because it deters inadequately rather than excessively. Principles of an optimal compensation scheme for law‐enforcement personnel are offered along with evidence suggesting that actual compensation does not reflect them. The rule may thus fail to sufficiently prevent misconduct even as it increases the costs from lost convictions. (JEL K14, K42, D82)

Suggested Citation

  • Evan Osborne, 1999. "Is The Exclusionary Rule Worthwhile?," Contemporary Economic Policy, Western Economic Association International, vol. 17(3), pages 381-389, July.
    • Handle: RePEc:bla:coecpo:v:17:y:1999:i:3:p:381-389
    DOI: 10.1111/j.1465-7287.1999.tb00690.x
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    1. James Brickley & Clifford Smith & Jerold Zimmerman, 2020. "The Economics of Organizational Architecture," Journal of Applied Corporate Finance, Morgan Stanley, vol. 32(1), pages 108-119, March.
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    More about this item

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design

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