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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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