Spencer, Dragana (2020) Chapter 14. Scope and limits of psychiatric evidence in international criminal law. In: Fournet, Caroline and Matwijkiw, Anja, (eds.) Biolaw and International Criminal Law: Towards Interdisciplinary Synergies. Series: Studies in International Criminal Law . Brill - Martinus Nijhoff, Leiden; Boston, pp. 338-363. ISBN 978-9004364431; 978-9004364424; 9004364439

Preview	PDF (Author's Accepted Chapter) 25994 SPENCER_Scope_And_Limits_Of_Psychiatric_Evidence_In_International_Criminal_Law_(AAM)_2019.pdf - Accepted Version Download (423kB) | Preview
	PDF (Published book chapter) 25994_SPENCER_ Chapter_14_Scope_and_limits_of_psychiatric_evidence_in_international_criminal_law_VoR.pdf - Published Version Restricted to Repository staff only Download (505kB) | Request a copy

Abstract

This contribution examines the role of the mental health sector evidence in international crimes prosecutions. Specifically, recent trials are examined with a view to assess the scope and limits of psychiatric evidence in relation to war crimes defences. Scrutinizing fully the origins and triggers of individual criminal responsibility, serves the interests of justice and enhances trial rights. This study also tries to illustrate the undesirable but extensive use of hearsay evidence in international criminal courts and the ways in which psychiatric evidence is used frequently to validate inconsistent testimonies and hearsay accounts of presumed victims and witnesses but not to enable defendants to form defences. The chapter concludes that defence trial rights would be better protected if relevant legal lacunae and ambiguities regarding the admissibility of psychiatric evidence are clarified and if the amount of such evidence required to satisfy certain defences, such as duress, is quantified with greater specificity.

Item Type:	Book Section
Uncontrolled Keywords:	psychiatric evidence; war crimes; burden of proof; fairness
Subjects:	B Philosophy. Psychology. Religion > BF Psychology K Law > K Law (General) K Law > KZ Law of Nations
Faculty / School / Research Centre / Research Group:	Faculty of Liberal Arts & Sciences Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Related URLs:	https://philpapers.org/rec/SPESAL
Last Modified:	21 Feb 2024 14:07
URI:	http://gala.gre.ac.uk/id/eprint/25994

Actions (login required)

View Item

Downloads