IDEAS home Printed from https://ideas.repec.org/a/oup/jleorg/v24y2008i1p22-44.html
   My bibliography  Save this article

The Effects of the Fourth Amendment: An Economic Analysis

Author

Abstract

We develop an economic model of crime and search that allows us to analyze the effects of the Fourth Amendment's exclusionary rule on crime and privacy. We find that the rule always increases crime but has two opposing effects on searches. It directly reduces searches by reducing the chances that they lead to successful conviction, but it also indirectly increases them by increasing crime. If its indirect effect dominates, the rule actually increases searches and has an ambiguous effect on wrongful searches. If its direct effect dominates, it reduces wrongful searches, thereby protecting privacy. Its direct effect is more likely to dominate the greater is the number of police officers per capita, the lower is the police's incentive to simply close cases and the more accountable the police are for their mistakes. Police accountability also increases crime but unambiguously reduces wrongful searches. We also explore the effects of long-term progress in search technology on crime and privacy. The Author 2007. Published by Oxford University Press on behalf of Yale University. All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org, Oxford University Press.

Suggested Citation

  • Sue H. Mialon, 2008. "The Effects of the Fourth Amendment: An Economic Analysis," Journal of Law, Economics, and Organization, Oxford University Press, vol. 24(1), pages 22-44, May.
  • Handle: RePEc:oup:jleorg:v:24:y:2008:i:1:p:22-44
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1093/jleo/ewm043
    Download Restriction: Access to full text is restricted to subscribers.

    As the access to this document is restricted, you may want to search for a different version of it.

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Dhammika Dharmapala & Thomas J. Miceli, 2013. "Search, seizure and false (?) arrest: an analysis of fourth amendment remedies when police can plant evidence," Chapters,in: Research Handbook on Economic Models of Law, chapter 11, pages 208-234 Edward Elgar Publishing.
    2. Curtis Taylor & Liad Wagman, 2008. "Who Benefits From Online Privacy?," Working Papers 08-26, NET Institute.
    3. Hugo Mialon & Sue Mialon, 2008. "The Economics of Search Warrants," Emory Economics 0810, Department of Economics, Emory University (Atlanta).
    4. Brunell Thomas L. & Dave Chetan & Morgan Nicholas C., 2009. "Factors Affecting the Length of Time a Jury Deliberates: Case Characteristics and Jury Composition," Review of Law & Economics, De Gruyter, vol. 5(1), pages 555-578, October.
    5. Vincent Conitzer & Curtis R. Taylor & Liad Wagman, 2012. "Hide and Seek: Costly Consumer Privacy in a Market with Repeat Purchases," Marketing Science, INFORMS, vol. 31(2), pages 277-292, March.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:jleorg:v:24:y:2008:i:1:p:22-44. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Oxford University Press) or (Christopher F. Baum). General contact details of provider: https://academic.oup.com/jleo .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.