Abstract

http://ssrn.com/abstract=1914453
 
 

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Do Exclusionary Rules Convict the Innocent?


Dhammika Dharmapala


University of Chicago Law School

Nuno M. Garoupa


University of Illinois College of Law

Richard H. McAdams


University of Chicago Law School

November 2012

U of Chicago Law & Economics, Olin Working Paper No. 569
Illinois Program in Law, Behavior and Social Science Paper No. LBSS11-30
Illinois Public Law Research Paper No. 11-11

Abstract:     
Rules excluding various kinds of evidence from criminal trials play a prominent role in criminal procedure and have generated considerable controversy. In this paper we address the general topic of excluding factually relevant evidence, that is, the kind of evidence that would rationally influence the jury’s verdict if it were admitted. We do not offer a comprehensive analysis of these exclusionary rules but add to the existing literature by identifying a new domain for economic analysis, focusing on how juries respond to the existence of such a rule. We show that the impact of exclusionary rules on the likelihood of conviction is complex and depends on the degree of rationality exhibited by juries and on the motivations of the prosecutor.

Number of Pages in PDF File: 28

Keywords: Exclusionary rules, evidence, juries

JEL Classification: K40

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Date posted: August 22, 2011 ; Last revised: December 6, 2012

Suggested Citation

Dharmapala, Dhammika and Garoupa, Nuno M. and McAdams, Richard H., Do Exclusionary Rules Convict the Innocent? (November 2012). U of Chicago Law & Economics, Olin Working Paper No. 569; Illinois Program in Law, Behavior and Social Science Paper No. LBSS11-30; Illinois Public Law Research Paper No. 11-11. Available at SSRN: http://ssrn.com/abstract=1914453 or http://dx.doi.org/10.2139/ssrn.1914453

Contact Information

Dhammika Dharmapala
University of Chicago Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
Nuno M. Garoupa (Contact Author)
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
HOME PAGE: http://works.bepress.com/nunogaroupa/
Richard H. McAdams
University of Chicago Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
773-834-2520 (Phone)
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