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Article
Is the Exclusionary Rule Worthwhile?
Contemporary Economic Policy
  • Evan W. Osborne, Wright State University - Main Campus
Document Type
Article
Publication Date
7-1-1999
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.

Citation Information
Evan W. Osborne. "Is the Exclusionary Rule Worthwhile?" Contemporary Economic Policy Vol. 17 Iss. 3 (1999) p. 381 - 389 ISSN: 1074-3529
Available at: http://works.bepress.com/evan_osborne/47/