119 Penn St. L. Rev. 439 (2014-2015)
Showing up: Eyewitness-Identification Requirements in Bosnia and Herzegovina: A Comparative Case Study

handle is hein.journals/dlr119 and id is 461 raw text is: 







Showing Up: Eyewitness-Identification
Requirements in Bosnia and Herzegovina:
A Comparative Case Study




Carrie Leonetti*


                                  ABSTRACT

     Almost all jurisdictions in the United States, at least under some
circumstances, permit the highly suggestive procedure of a showup-
in essence, a one-person lineup containing only the suspect. In Bosnia
and Herzegovina, on the other hand, identifications resulting from
showups are categorically prohibited, even though requiring full lineups
in all cases inevitably causes relative delays in police investigations.
This case study explores that crucial difference between the two systems
and attempts to assess what, if anything, the United States could learn
from the Bosnian requirement that eyewitnesses always be shown fillers,
in addition to the suspect, when being asked to make identifications.
     This Article contains a summary of interviews with key domestic
and international judges, prosecutors, criminal-defense attorneys, and

*Associate Professor, Faculty Leader, Criminal Justice Initiative, University of Oregon
School of Law. Visiting Professor, University of Sarajevo Faculty of Criminalistics,
Criminology, and Security Studies, 2011-12. The author wishes to extend her heartfelt
gratitude to Professors Almir MaIjevic, Sakib Softic, and Interior Minister Muhamed
Budimlic of the University of Sarajevo Faculty of Criminalistics, Criminology, and
Security Studies, and the staffs of the Crime Investigation Division of the Sarajevo
Canton Ministry of Internal Affairs Police Department (MUPS), the Sarajevo Cantonal
Prosecutor's Office, the Crime Investigation Unit of the Bosnian State Investigation and
Protection Agency (SIPA), the judges of the Sarajevo Municipal Court, the Sarajevo
Cantonal Court, and the Court of Bosnia and Herzegovina (Sud BiH), who assisted in
creating the author's interview schedule, were willing to participate in open and frank
discussions about the BiH judicial system, and provided additional material to assess with
this evaluation. She also wishes to thank the staff of the American Embassy in Sarajavo
and particularly Sunshine Ison and Elizabeta Delalic. Without their hospitality, guidance,
support, generosity with their time and effort, and commitment to this project, this Article
would never have happened. She was impiessed with all of the interview subjects at
every level of the BiH judicial system who sincerely want the best for their country's rule
of law and hopes that these conversations have expanded and strengthened the network of
international experts working on eyewitness-identification issues.

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