Do Exclusionary Rules Convict the Innocent?

28 Pages Posted: 22 Aug 2011 Last revised: 6 Dec 2012

Dhammika Dharmapala

University of Chicago Law School

Nuno M. Garoupa

Texas A&M University School of Law; Catholic University of Portugal (UCP) - Católica Global School of Law

Richard H. McAdams

University of Chicago Law School

Multiple version iconThere are 2 versions of this paper

Date Written: November 2012

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.

Keywords: Exclusionary rules, evidence, juries

JEL Classification: K40

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: https://ssrn.com/abstract=1914453 or http://dx.doi.org/10.2139/ssrn.1914453

Dhammika Dharmapala

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

Nuno M. Garoupa (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

Catholic University of Portugal (UCP) - Católica Global School of Law ( email )

Lisboa
Portugal

Richard H. McAdams

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States
773-834-2520 (Phone)

Paper statistics

Downloads
201
Rank
120,863
Abstract Views
1,317