The Law and Economics of the Exclusionary Rule

Authors

Tonja JacobiFollow

Abstract

The article presents information on the legal and economic implications of the exclusionary rule. It explains that exclusionary rule does not work for defendants or non-defendants and harms defendants through juror resistance, juror error and a preserve screening effect. It overviews the drawbacks of solutions that were proposed to solve problems associated with jury instructions and civil remedies.

Recommended Citation

Tonja Jacobi, The Law and Economics of the Exclusionary Rule, 87 Notre Dame L. Rev. 585 (2013).
Available at: https://scholarship.law.nd.edu/ndlr/vol87/iss2/3