The Law and Economics of the Exclusionary Rule

Jacobi, Tonja

Journal: Notre Dame Law Review

Volume: 87

First Page: 585

Year: 2011

Bluebook Citation: 87 NOTRE DAME L. REV. 585 (2011)

Author: Tonja Jacobi: all 24 publications


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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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