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Search, seizure and false (?) arrest: an analysis of fourth amendment remedies when police can plant evidence

In: Research Handbook on Economic Models of Law

Author

Listed:
  • Dhammika Dharmapala
  • Thomas J. Miceli

Abstract

One of the great successes of the law and economics movement has been the use of economic models to explain the structure and function of broad areas of law. The original contributions to this volume epitomize that tradition, offering state-of-the-art research on the many facets of economic modeling in law.

Suggested Citation

  • 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.
  • Handle: RePEc:elg:eechap:14720_11
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    References listed on IDEAS

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    1. Benjamin Lester & Nicola Persico & Ludo Visschers, 2012. "Information Acquisition and the Exclusion of Evidence in Trials," Journal of Law, Economics, and Organization, Oxford University Press, vol. 28(1), pages 163-182.
    2. 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.
    3. Polinsky, A. Mitchell & Shavell, Steven, 2001. "Corruption and optimal law enforcement," Journal of Public Economics, Elsevier, vol. 81(1), pages 1-24, July.
    4. Gerd Muehlheusser & Andreas Roider, 2004. "Black Sheep and Walls of Silence," Diskussionsschriften dp0410, Universitaet Bern, Departement Volkswirtschaft.
    5. Reinganum, Jennifer F, 1988. "Plea Bargaining and Prosecutorial Discretion," American Economic Review, American Economic Association, vol. 78(4), pages 713-728, September.
    6. Dhammika Dharmapala & Richard H. McAdams, 2003. "The Condorcet Jury Theorem and the Expressive Function of Law: A Theory of Informative Law," American Law and Economics Review, Oxford University Press, vol. 5(1), pages 1-31.
    7. Hugo Mialon & Sue Mialon, 2008. "The Economics of Search Warrants," Emory Economics 0810, Department of Economics, Emory University (Atlanta).
    8. Daughety, Andrew F & Reinganum, Jennifer F, 2000. "On the Economics of Trials: Adversarial Process, Evidence, and Equilibrium Bias," Journal of Law, Economics, and Organization, Oxford University Press, vol. 16(2), pages 365-394, October.
    9. Andrew F. Daughety & Jennifer F. Reinganum, 1995. "Keeping Society in the Dark: On the Admissibility of Pretrial Negotiations as Evidence in Court," RAND Journal of Economics, The RAND Corporation, vol. 26(2), pages 203-221, Summer.
    10. Hugo M. Mialon, 2005. "An Economic Theory of the Fifth Amendment," RAND Journal of Economics, The RAND Corporation, vol. 36(4), pages 833-848, Winter.
    11. Schrag, Joel & Scotchmer, Suzanne, 1994. "Crime and Prejudice: The Use of Character Evidence in Criminal Trials," Journal of Law, Economics, and Organization, Oxford University Press, vol. 10(2), pages 319-342, October.
    12. Jean-Pierre Benoit & Juan Dubra, 2004. "Why Do Good Cops Defend Bad Cops?," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 45(3), pages 787-809, August.
    13. Grossman, Gene M & Katz, Michael L, 1983. "Plea Bargaining and Social Welfare," American Economic Review, American Economic Association, vol. 73(4), pages 749-757, September.
    14. Timothy Feddersen & Wolfgang Pesendorfer, 1996. "Convicting the Innocent: The Inferiority of Unanimous Jury Verdicts," Discussion Papers 1170, Northwestern University, Center for Mathematical Studies in Economics and Management Science.
    15. Atkins, Raymond A & Rubin, Paul H, 2003. "Effects of Criminal Procedure on Crime Rates: Mapping Out the Consequences of the Exclusionary Rule," Journal of Law and Economics, University of Chicago Press, vol. 46(1), pages 157-179, April.
    16. Bowles, Roger & Garoupa, Nuno, 1997. "Casual police corruption and the economics of crime," International Review of Law and Economics, Elsevier, vol. 17(1), pages 75-87, March.
    17. Miceli, Thomas J, 1990. "Optimal Prosecution of Defendants Whose Guilt Is Uncertain," Journal of Law, Economics, and Organization, Oxford University Press, vol. 6(1), pages 189-201, Spring.
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    Cited by:

    1. Muehlheusser, Gerd & Roider, Andreas, 2004. "Black Sheep and Walls of Silence," IZA Discussion Papers 1171, Institute for the Study of Labor (IZA).
    2. Hugo Mialon & Sue Mialon, 2008. "The Economics of Search Warrants," Emory Economics 0810, Department of Economics, Emory University (Atlanta).
    3. Gerd Muehlheusser & Andreas Roider, 2004. "Black Sheep and Walls of Silence," Diskussionsschriften dp0410, Universitaet Bern, Departement Volkswirtschaft.

    More about this item

    Keywords

    Economics and Finance; Law - Academic;

    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

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