2011•Journal of legislationRequires access

The Law and Economics of the Exclusionary Rule

Tonja Jacobi

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.

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OpenAlex reports 6 citations for this work. Citation counts describe recorded attention and do not establish research quality.

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Key concepts: Exclusionary rule, Deterrence (psychology), Jurisprudence, Search and seizure, Law, Deterrence theory, Political science, Principal (computer security)