Search, Seizure and (False?) Arrest: An Analysis of Fourth Amendment Remedies when Police can Plant Evidence

The Fourth Amendment prohibits unreasonable searches and seizures in criminal investigations. The Supreme Court has interpreted this to require that police obtain a warrant prior to search and that illegally seized evidence be excluded from trial. A consensus has developed in the law and economics literature that tort liability for police officers is a superior means of deterring unreasonable searches. We argue that this conclusion depends on the assumption of truth-seeking police, and develop a game-theoretic model to compare the two remedies when some police officers (the bad type) are willing to plant evidence in order to obtain convictions, even though other police (the good type) are not (where this type is private information). We characterize the perfect Bayesian equilibria of the asymmetric-information game between the police and a court that seeks to minimize error costs in deciding whether to convict or acquit suspects. In this framework, we show that the exclusionary rule with a warrant requirement leads to superior outcomes (relative to tort liability) in terms of truth-finding function of courts, because the warrant requirement can reduce the scope for bad types of police to plant evidence

Family Myths, Beliefs, and Customs as a Research/Educational Tool to Explore Identity Formation

This paper outlines a qualitative research tool designed to explore personal identity formation as described by Erik Erikson and offers self-reflective and anonymous evaluative comments made by college students after completing this task. Subjects compiled a list of 200 myths, customs, fables, rituals, and beliefs from their family of origin and then reflected upon the relevance and meaning of such items. The research and instructional tool described in the paper should be of considerable interest to teachers who work to promote self-reflection amongst adolescents as well as case study researchers and therapists who wish to study identity formation and values.