IDEAS home Printed from https://ideas.repec.org/a/eee/irlaec/v70y2022ics0144818822000205.html
   My bibliography  Save this article

State versus federal wiretap orders: A look at the data

Author

Listed:
  • Chan, Jason
  • Kim, Jin-Hyuk
  • Wagman, Liad

Abstract

Federal and state law enforcement interceptions of communications, as authorized by the Electronic Communications Privacy Act and analogous state laws, are contingent on obtaining a court order. We investigate how wiretap orders have been utilized in narcotics cases across the federal and state court systems. We characterize a sorting mechanism that is consistent with our data and empirical findings, whereby federal wiretap orders trade off prosecution outcomes and crime deterrence more quickly than state wiretap orders. We also find that the intensity of surveillance in most states and years is at the lower end of the enforcement-deterrence trade-off, reflecting the high cost of running wiretap operations.

Suggested Citation

  • Chan, Jason & Kim, Jin-Hyuk & Wagman, Liad, 2022. "State versus federal wiretap orders: A look at the data," International Review of Law and Economics, Elsevier, vol. 70(C).
    • Handle: RePEc:eee:irlaec:v:70:y:2022:i:c:s0144818822000205
    DOI: 10.1016/j.irle.2022.106064
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0144818822000205
    Download Restriction: Full text for ScienceDirect subscribers only
    File URL: https://libkey.io/10.1016/j.irle.2022.106064?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    2. Klick, Jonathan & Tabarrok, Alexander, 2005. "Using Terror Alert Levels to Estimate the Effect of Police on Crime," Journal of Law and Economics, University of Chicago Press, vol. 48(1), pages 267-279, April.
    3. Anaïs Henneguelle & Benjamin Monnery & Annie Kensey, 2016. "Better at Home than in Prison? The Effects of Electronic Monitoring on Recidivism in France," Journal of Law and Economics, University of Chicago Press, vol. 59(3), pages 629-667.
    4. Jennifer L. Doleac, 2017. "The Effects of DNA Databases on Crime," American Economic Journal: Applied Economics, American Economic Association, vol. 9(1), pages 165-201, January.
    5. McCormick, Robert E & Tollison, Robert D, 1984. "Crime on the Court," Journal of Political Economy, University of Chicago Press, vol. 92(2), pages 223-235, April.
    6. Ben Vollaard, 2013. "Preventing crime through selective incapacitation," Economic Journal, Royal Economic Society, vol. 123(567), pages 262-284, March.
    7. Sue H. Mialon, 2008. "The Effects of the Fourth Amendment: An Economic Analysis," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 24(1), pages 22-44, May.
    8. Levitt, Steven D, 1997. "Using Electoral Cycles in Police Hiring to Estimate the Effect of Police on Crime," American Economic Review, American Economic Association, vol. 87(3), pages 270-290, June.
    9. Anaïs Henneguelle & Benjamin Monnery & Annie Kensey, 2016. "Better at Home than in Prison? The Effects of Electronic Monitoring on Recidivism in France," Journal of Law and Economics, University of Chicago Press, vol. 59(3), pages 629-667.
    10. Emily G. Owens, 2009. "More Time, Less Crime? Estimating the Incapacitative Effect of Sentence Enhancements," Journal of Law and Economics, University of Chicago Press, vol. 52(3), pages 551-579, August.
    11. Martin A. Lariviere & Evan L. Porteus, 2001. "Selling to the Newsvendor: An Analysis of Price-Only Contracts," Manufacturing & Service Operations Management, INFORMS, vol. 3(4), pages 293-305, May.
    12. Atkins, Raymond A & Rubin, Paul H, 2003. "Effects of Criminal Procedure on Crime Rates: Mapping Out the Consequences of the Exclusionary Rule," Journal of Law and Economics, University of Chicago Press, vol. 46(1), pages 157-179, April.
    13. Garoupa, Nuno, 1997. "Optimal law enforcement and the economics of the drug market: Some comments on the Schengen Agreements," International Review of Law and Economics, Elsevier, vol. 17(4), pages 521-535, December.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Laura Jaitman, 2019. "Frontiers in the economics of crime: lessons for Latin America and the Caribbean," Latin American Economic Review, Springer;Centro de Investigaciòn y Docencia Económica (CIDE), vol. 28(1), pages 1-36, December.
    2. O’Flaherty, Brendan & Sethi, Rajiv, 2015. "Urban Crime," Handbook of Regional and Urban Economics, in: Gilles Duranton & J. V. Henderson & William C. Strange (ed.), Handbook of Regional and Urban Economics, edition 1, volume 5, chapter 0, pages 1519-1621, Elsevier.
    3. Carl Kitchens & Matthew Philip Makofske & Le Wang, 2019. "“Crime” on the Field," Southern Economic Journal, John Wiley & Sons, vol. 85(3), pages 821-864, January.
    4. Blesse, Sebastian & Diegmann, André, 2022. "The place-based effects of police stations on crime: Evidence from station closures," Journal of Public Economics, Elsevier, vol. 207(C).
    5. Casilda Lasso de la Vega & Oscar Volij & Federico Weinschelbaum, 2021. "Can more police induce more crime?," Working Papers 2107, Ben-Gurion University of the Negev, Department of Economics.
    6. Philip A. Curry & Anindya Sen & George Orlov, 2016. "Crime, apprehension and clearance rates: Panel data evidence from Canadian provinces," Canadian Journal of Economics/Revue canadienne d'économique, John Wiley & Sons, vol. 49(2), pages 481-514, May.
    7. Mirko Draca & Stephen Machin & Robert Witt, 2011. "Panic on the Streets of London: Police, Crime, and the July 2005 Terror Attacks," American Economic Review, American Economic Association, vol. 101(5), pages 2157-2181, August.
    8. Christophe Bellégo & Joeffrey Drouard, 2019. "Does It Pay to Fight Crime? Evidence From the Pacification of Slums in Rio de Janeiro," Working Papers 2019-08, Center for Research in Economics and Statistics.
    9. Rafael Di Tella & Ernesto Schargrodsky, 2004. "Do Police Reduce Crime? Estimates Using the Allocation of Police Forces After a Terrorist Attack," American Economic Review, American Economic Association, vol. 94(1), pages 115-133, March.
    10. Blanes i Vidal, Jordi & Mastrobuoni, Giovanni, 2017. "Police Patrols and Crime," CEPR Discussion Papers 12266, C.E.P.R. Discussion Papers.
    11. Casilda Lasso de la Vega & Oscar Volij & Federico Weinschelbaum, 2023. "When do more police induce more crime?," Economic Theory, Springer;Society for the Advancement of Economic Theory (SAET), vol. 76(3), pages 759-778, October.
    12. Guha, Brishti, 2013. "Guns and crime revisited," Journal of Economic Behavior & Organization, Elsevier, vol. 94(C), pages 1-10.
    13. Anna Harvey, 2020. "Applying regression discontinuity designs to American political development," Public Choice, Springer, vol. 185(3), pages 377-399, December.
    14. Seiffert, Sebastian Daniel & Kukharskyy, Bohdan, 2016. "Gun Violence in the US: Correlates and Causes," VfS Annual Conference 2016 (Augsburg): Demographic Change 145946, Verein für Socialpolitik / German Economic Association.
    15. Petrich, Damon M. & Pratt, Travis C. & Jonson, Cheryl Lero & Cullen, Francis T., 2020. "A Revolving Door? A Meta-Analysis of the Impact of Custodial Sanctions on Reoffending," SocArXiv f6uwm, Center for Open Science.
    16. Benjamin Hansen, 2015. "Punishment and Deterrence: Evidence from Drunk Driving," American Economic Review, American Economic Association, vol. 105(4), pages 1581-1617, April.
    17. Levitt, Steven D, 1998. "Why Do Increased Arrest Rates Appear to Reduce Crime: Deterrence, Incapacitation, or Measurement Error?," Economic Inquiry, Western Economic Association International, vol. 36(3), pages 353-372, July.
    18. Anna Bindler & Randi Hjalmarsson, 2021. "The Impact of the First Professional Police Forces on Crime [State Capacity and Economic Development: A Network Approach]," Journal of the European Economic Association, European Economic Association, vol. 19(6), pages 3063-3103.
    19. Pallab K. Ghosh & Gary A. Hoover & Zexuan Liu, 2020. "Do State Minimum Wages Affect the Incarceration Rate?," Southern Economic Journal, John Wiley & Sons, vol. 86(3), pages 845-872, January.
    20. Angela K. Dills & Jeffrey A. Miron & Garrett Summers, 2010. "What Do Economists Know about Crime?," NBER Chapters, in: The Economics of Crime: Lessons For and From Latin America, pages 269-302, National Bureau of Economic Research, Inc.

    More about this item

    Keywords

    Law enforcement; Surveillance; Wiretap; Privacy; Federalism;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:irlaec:v:70:y:2022:i:c:s0144818822000205. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catherine Liu (email available below). General contact details of provider: http://www.elsevier.com/locate/irle .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.