The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Mental disorder defense in the time of Crime: the contradiction between accused rights with victim benefits

Abstract
Following the occurrence of international crimes in the territory of yugoslavia and Rwanda, UN security council established international criminal tribunals and after a while international criminal court was presented so that it be an answer to crimes, perpetrators as responsible and healing victims. But because of the aforementioned courts couldn't ignore the accused rights, regulations predicted in tribunals statue. Among these rights are the defenses such as mental disorder is considered to be an exclude for responsibility and if it is proted lead to punishment reduction or exculpation. Also the rictims have to consider justice as done so that making peace and calmness be accepted as the aims of international criminal justice. But the return of acquittal or people that have endured reduced punishment to regions where serious international crimes took place without any medication to eliminate their dangerous state can't be coordinate with the mentioned aims. Whereas the jurisprudence and regulations of international criminal courts about mental disorder defense hasn't taken consideration not only the accused rights but also vicitims benefits.
Keywords
Accused Rights
victims benefits
mental disorder defense
International Criminal Courts
Bassiouni, Cherif(2012), Introduction to international criminal Law, Second Revised Edition, Martinus Nijhoff Publishers.
Brady, Helen(2001), "Disclosure of Evidence" in Roy s. Lee, Hakan Friman, Silvia A, Fernandez de Gurmendi, Herman Von Hebel and Darryl Robinson(eds), The international Criminal Court: Elements of Crims and Rules of procedure and Evidence, transnational Publishers inc.
Carlsmith, Kevin M; Darley, John M; Robinson, Paul H(2002), “Why we do punish? Deterrence and just Deserts as Motives for Punishment”, Journal of Personality and Social Psychology, Vol.83, P. 284-299.
Cassese, Antonio(2003),” The influence of the European Court of Human Rights on international Criminal Tribunals –some Methodological Remarks”, Human Rights and Criminal Justice for the down trodden , Martinus Nijhoff Publishers .
Cyrer, Robert; Friman, Haken; Robinson, Darryl; vilmshurst, Elizabeth (2010), An Introduction to international criminal Law and Procedure, Second Edition, Cambridge University Press.
Dinstein, Yoram(1996), War Crimes in international law, Martinus Nijhoff Publishers.
Drumbl, Mark A (2007), Atrocity , Punishment and international Law, Cambridge University Press.
Geert, Jan Alexander Knoops(2008), Defenses in contemporary international criminal Law, Second Edition. Martinus Nijhoff Publishers.
Henham, R (2003),” Some issues for sentencing in the international criminal Court”, International and comparative Law Quarterly.
Vol.52, P. 81-114.
Janjac, K (2013), The mental Element in the Rome statute of the international criminal Court, Wolf Legal Publishers.
Krug, Peter (2000),” The emerging mental incapacity defense in international criminal Law: Some initial questions of implementation”, American Journal of International Law, Vol. 94, P. 317-335.
May, Richard; Weirda. Marieke (1999),”Trends in international criminal Evidence :Nuremberg , Tokyo, The Hauge and arasha”, Columbia Journal of Transactional Law Associations, Vol.37, P. 725-765.
Morse, Stephen j (2011),” Mental disorder and criminal Law”, Journal of criminal law and Criminology, Vol.101, p. 885-968.
Murphy, Peter (1985), A Practical Approach to Evidence, second edition. Financial training publications.
Noll, Richard (2009), encyclopedia of schizopherenia and other psychotic disorders, third edition, facts on file.
Shinderman, Adam b (2013),” The Devil’s Advocate :Using Neuroscientific Evidence in international criminal trials?”, Brooklyn Journal of international Law , Vol. 38, P. 655-698.
Salton, C.A (1990),” Mental incapacity and liability insurance Exclusionary clauses: the Effect of insanity upon intent”, California Law Review, Vol. 78, P. 1027-1068.
Sparr, Landy f (2005),”mental Incapacity defenses at the war crimes tribunal: Questions and controversy “, The journal of the American Academy of Psychiatry and the Law, Vol.33, P. 59-70.
Yeo, Stanley (2008),” The insanity Defense in the criminal Law of the commonwealth of Nations”, Singapore Journal of Legal Studies, Issue December, p. 241-263.
Zaibert, Leo (2006),” Punishment and Revenge”, Law and Philosophy , Vol . 25, P. 81-118.