The Exclusionary Rule and Damages: An Economic Comparison of Private Remedies for Unconstitutional Police Conduct
Brigham Young University Law Review, Vol. 2000, P. 1443, 2000
Posted: 16 Apr 2001
The Supreme Court has always assumed that the exclusionary rule represents the gold standard against which all other putative remedies for unconstitutional police conduct must be measured. This paper suggests that exclusion, examined along several dimensions borrowed from the more robust economic scholarship on civil remedies, does not appear to constitute a clearly superior device to deter constitutional harms in comparison to damages. The dimensions include allocative efficiency and the problem of externalities, game theory, and principal-agency theory. The paper concludes that a damages remedy might offer a more refined solution to the problem of constraining police behavior.
Note: This is a description of the article and not the actual abstract.
JEL Classification: K14, K41
Suggested Citation: Suggested Citation