You are here

54 U. Louisville L. Rev. 209 (2016)
Does a Rose by Any Other Name Really Smell as Sweet? The Nature of the Exclusionary Rule: A Comparative Case Study
Carrie Leonetti*

Section II of this Article describes the Bosnian principles of free evaluation of evidence and unlawful evidence and argues that they are similar to the pre-Mapp common-law rule of the admissibility of competent evidence in the United States. Section III describes the substance and mechanics of the relatively new Bosnian exclusionary rule for illegally obtained evidence, which was grafted into the BiH CPC, whichthe Office of the High Representative for Bosnia and Hersegovina ("OHR") imposed on the Bosnian criminal-justice system in 2003. Part IV analyzes the relationship between the Bosnian "essential violation" conception of suppression of evidence and the analogous American concepts of taint and attenuation, prejudice, and retroactivity. Part V concludes that the relativistic understanding of the "exclusion" of evidence, like the prophylactic view of the Fourth Amendment exclusionary rule now being espoused by a majority of the Supreme Court, is jurisprudentially inferior to the more traditional Anglo-American view of suppression. 

* 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.