Plus de contention ni d’isolement sans contrôle du juge judiciaire

Although of old and common use, the use of isolation and restraint in psychiatry was not regulated until 2016 with the creation of article L. 3222-5-1 of the Public Health Code. However, the Court of Cassation considered that, as a form of care, it was beyond the office of the liberty and custody judge to controle its implementation. Questioned by a plea of unconstitutionality submitted by the Court of Cassation, the Constitutional Council considered, with its decision of 19 June 2020, that these measures constituted a deprivation of liberty requiring judicial review at short notice. The Sages thus declare the provisions of article L. 3222-5-1 unconstitutional, with delayed effect as of December 31, 2020, requiring legislator to rethink and organise the supervision and control of decisions of restraint and isolation.     

PUNISHMENT IN HUMAN CHOICE: DIRECT OR COMPETITIVE SUPPRESSION?

This investigation compared the predictions of two models describing the integration of reinforcement and punishment effects in operant choice. Deluty's (1976) competitive-suppression model (conceptually related to two-factor punishment theories) and de Villiers' (1980) direct-suppression model (conceptually related to one-factor punishment theories) have been tested previously in nonhumans but not at the individual level in humans. Mouse clicking by college students was maintained in a two-alternative concurrent schedule of variable-interval money reinforcement. Punishment consisted of variable-interval money losses. Experiment 1 verified that money loss was an effective punisher in this context. Experiment 2 consisted of qualitative model comparisons similar to those used in previous studies involving nonhumans. Following a no-punishment baseline, punishment was superimposed upon both response alternatives. Under schedule values for which the direct-suppression model, but not the competitive-suppression model, predicted distinct shifts from baseline performance, or vice versa, 12 of 14 individual-subject functions, generated by 7 subjects, supported the direct-suppression model. When the punishment models were converted to the form of the generalized matching law, least-squares linear regression fits for a direct-suppression model were superior to those of a competitive-suppression model for 6 of 7 subjects. In Experiment 3, a more thorough quantitative test of the modified models, fits for a direct-suppression model were superior in 11 of 13 cases. These results correspond well to those of investigations conducted with nonhumans and provide the first individual-subject evidence that a direct-suppression model, evaluated both qualitatively and quantitatively, describes human punishment better than a competitive-suppression model. We discuss implications for developing better punishment models and future investigations of punishment in human choice.     

Toward a contemporary quantitative model of punishment

A direct‐suppression, or subtractive, model of punishment has been supported as the qualitatively and quantitatively superior matching law‐based punishment model (Critchfield, Paletz, MacAleese, & Newland, 2003; de Villiers, 1980; Farley, 1980). However, this conclusion was made without testing the model against its predecessors, including the original (Herrnstein, 1961) and generalized (Baum, 1974) matching laws, which have different numbers of parameters. To rectify this issue, we reanalyzed a set of data collected by Critchfield et al. (2003) using information theoretic model selection criteria. We found that the most advanced version of the direct‐suppression model (Critchfield et al., 2003) does not convincingly outperform the generalized matching law, an account that does not include punishment rates in its prediction of behavior allocation. We hypothesize that this failure to outperform the generalized matching law is due to significant theoretical shortcomings in model development. To address these shortcomings, we present a list of requirements that all punishment models should satisfy. The requirements include formal statements of flexibility, efficiency, and adherence to theory. We compare all past punishment models to the items on this list through algebraic arguments and model selection criteria. None of the models presented in the literature thus far meets all of the requirements.     

Damned if they do,Damned if they don’t: the European Court of Human Rights and the Protection of Religion from Attack

The approach of the European Court of Human Rights to cases of religiously offensive expression is inconsistent and unsatisfactory. A critical analysis of the Court’s jurisprudence on blasphemy, religious insult and religious hatred identifies three problems with its approach in this field. These are: the embellishment and over-emphasis of freedom of religion, the use of the margin of appreciation and the devaluing of some forms of offensive speech. Nevertheless, it is possible to defend a more coherent approach to the limitation of freedom of expression under the European Convention of Human Rights, designed to protect religious liberty in a narrower category of cases.     

Fixed-ratio punishment

Responses were maintained by a variable-interval schedule of food reinforcement. At the same time, punishment was delivered following every nth response (fixed-ratio punishment). The introduction of fixed-ratio punishment produced an initial phase during which the emission of responses was positively accelerated between punishments. Eventually, the degree of positive acceleration was reduced and a uniform but reduced rate of responding emerged. Large changes in the over-all level of responding were produced by the intensity of punishment, the value of the punishment ratio, and the level of food deprivation. The uniformity of response rate between punishments was invariant in spite of these changes in over-all rate and contrary to some plausible a priori theoretical considerations. Fixed-ratio punishment also produced phenomena previously observed under continuous punishment: warm-up effect and a compensatory increase. This type of intermittent punishment produced less rapid and less complete suppression than did continuous punishment.     

Suppression of behavior by timeout punishment when suppression results in loss of positive reinforcement

This investigation, using rats as subjects and punishment by timeout for responses maintained on a ratio schedule, sought to determine whether behavior would be suppressed by timeout punishment when such suppression also reduced reinforcement density or frequency. A series of experiments indicated that timeout punishment suppressed responding, with the degree of suppression increasing as a function of the duration of the timeout period. Suppressive effects were found to decrease as a function of increases in deprivation (body weight) and were eliminated when the punished response also was reinforced. It was concluded that timeout can produce aversive effects even when loss of reinforcement results. An alternative interpretation of the findings, based on the effects of extinction periods and delay of reinforcement on chained behavior, was discussed.     

Therapeutic jurisprudence and changing conceptions of legal scholarship

This article traces changes in the nature of legal scholarship and illustrates how therapeutic jurisprudence reflects changing conceptions of the law and legal scholarship. It argues that therapeutic jurisprudence may be regarded as a mental health law counterpart to ?New Public Law,”? and shows that questions asked by therapeutic jurisprudence scholars parallel closely those asked by public law scholars.     

Maximizing therapeutic effects in treating sexual offenders in an Australian correctional system

In Australia, the community response to sexual offenders is marked by uncertainty as to whether offenders should be incarcerated as punishment or provided treatment in order to reduce the likelihood of re-offense. The incarceration of sexual offenders results in particular management, ethical, and political issues. Nevertheless incarceration can provide leverage to encourage the offender to participate in treatment while delivering punishment for wrongdoing and acting to protect the community. In the state of Victoria the CORE Sex Offender Programs have developed a statewide strategy in the public correctional system in order to assess, manage, and treat male sexual offenders. However, such offenders are notoriously reluctant to engage in treatment to address offending behaviors. A critical element of the strategy has been the Victorian Adult Parole Board, an entity that can determine that an offender needs to engage in treatment before he is considered for parole. Using the therapeutic jurisprudence framework as outlined by Wexler (1990), strategies to minimize the anti-therapeutic effects of the Victorian Adult Parole Board and maximize the therapeutic effects of the CORE Sex Offender Programs are highlighted.     

Emotional Disturbance in Children with Peculiar Given Names

When a person experiences feelings of low self-acceptance and further attributes this low self-acceptance to the average person, a distortion in perception is said to exist. Harry Stack Sullivan termed this distortion “parataxic.” The present study attempted to find evidence of such a distortion. Once a person was identified as a “distorter” nine factors of perceived parenting were revealed by the subjects. These nine factors examined were nurturance, instrumental companionship, predictability of standards, affective punishment, achievement pressure, deprivation of privileges, principled discipline, protectiveness, and physical punishment. Distortion was found to be significantly related to low nurturance, less instrumental companionship, excessive protectiveness, greater achievement pressure, and excessive punishment by parents as perceived by the 220 subjects involved.     

Therapeutic jurisprudence and the resolution of value conflicts: what we can realistically expect, in practice, from theory

This article assesses the criticisms of therapeutic jurisprudence that it cannot resolve value conflicts, especially between autonomy rights and therapeutic values, or, less radically, that it has not provided a general method for resolving conflicts. Grounded in general jurisprudential principles about conflict resolution, including novel developments respecting the meaning of weighing and balancing, the article rejects the criticisms as unfounded. The article also develops and critiques arguments maintaining that therapeutic jurisprudence cannot resolve certain value conflicts because the values are incommensurable. The argument is illustrated by examples concerning the right to refuse treatment, and jurisprudential analyses of that right.     

The influence of a model's reinforcement contingency and affective response on children's perceptions of the model

Following their observation of a videotaped model, boys and girls were asked to rate various characteristics of that model. In each of two experiments, the subjects were 90 primary grade children. The model's reinforcement (reward, punishment, or no consequences) and affective response (positive, neutral, or negative) constituted the independent variables. In both experiments, children who observed an affectively neutral model receive punishment, perceived his affective state as more negative than children who observed this model receive reward or no consequences. The converse attribution (i.e., inferring consequences based on depicted model affect) did not obtain. Also, data from both experiments supported the conclusions that (a) the punished model was less attractive than no-consequences and rewarded models, and (b) the model was perceived as less competent when he demonstrated negative affect or received punishment.     

Liberty and equality. A critical response to the debate between James P. Sterba and Jan Narveson

Abstract

This article examines the libertarian arguments of Jan Narveson and James P. Sterba regarding the compatibility of liberty and equality. It then posits that their arguments fail in solving tensions between liberty and equality, because all fundamental rights cannot be derived from liberty. A coherent scheme of human rights is only possible if human dignity is used to balance the conflicting interests of liberty and equality. It then proceeds to make some suggestions on how human dignity as core value might help to solve tensions between equality and liberty.     

Pediatric discourse on corporal punishment: A historical review

Corporal punishment is a commonly used, but controversial disciplinary technique. This article reviews the pediatric professional response to corporal punishment over the past century. We focus predominantly on the discourse written to educate pediatricians, for the most part, textbooks. Using the sociologic construction of deviance proposed by Conrad and Schneider, we show how corporal punishment has moved from a condoned behavior to a socially deviant behavior. Based on our review of this literature, we delineate three distinct pediatric professional attitudes toward corporal punishment over this century:(a) corporal punishment as morally sanctioned behavior, (b) corporal punishment as atool for controlling behavior, and (c) corporal punishment as abusive. We show how each of these stances developed and demonstrate how these stances inform paradigms that are still operative today. By reviewing changes in pediatric thought toward corporal punishment, this article provides a useful framework for child health professionals struggling with the appropriateness of corporal punishment as a disciplinary technique.     

Pediatric discourse on corporal punishment: A historical review

Corporal punishment is a commonly used, but controversial disciplinary technique. This article reviews the pediatric professional response to corporal punishment over the past century. We focus predominantly on the discourse written to educate pediatricians, for the most part, textbooks. Using the sociologic construction of deviance proposed by Conrad and Schneider, we show how corporal punishment has moved from a condoned behavior to a socially deviant behavior. Based on our review of this literature, we delineate three distinct pediatric professional attitudes toward corporal punishment over this century:(a) corporal punishment as morally sanctioned behavior, (b) corporal punishment as atool for controlling behavior, and (c) corporal punishment as abusive. We show how each of these stances developed and demonstrate how these stances inform paradigms that are still operative today. By reviewing changes in pediatric thought toward corporal punishment, this article provides a useful framework for child health professionals struggling with the appropriateness of corporal punishment as a disciplinary technique.     

Corporal punishment by parents and associated child behaviors and experiences: a meta-analytic and theoretical review

Although the merits of parents using corporal punishment to discipline children have been argued for decades, a thorough understanding of whether and how corporal punishment affects children has not been reached. Toward this end, the author first presents the results of meta-analyses of the association between parental corporal punishment and 11 child behaviors and experiences. Parental corporal punishment was associated with all child constructs, including higher levels of immediate compliance and aggression and lower levels of moral internalization and mental health. The author then presents a process-context model to explain how parental corporal punishment might cause particular child outcomes and considers alternative explanations. The article concludes by identifying 7 major remaining issues for future research.     

Le contrôle judiciaire des hospitalisations sans consentement et épidémie de Covid : la fin d’une procédure en trompe l’oeil ?

Since 2011, the judge of freedoms and detention (JLD) is competent to control care measures without consent. This control, although essential in order to avoid abusive deprivation of liberty, is incomplete. Faced with the health crisis, the shortcomings of this control are more noticeable in a context of violation of the rights of people hospitalized without detriment.     

A comparison of procedures for eliminating self-injurious behavior of retarded adolescents

An attempt was made to eliminate the self-injurious behaviors of four institutionalized, profoundly retarded adolescents. Some of the behaviors studied were: face-slapping, face-banging, hair-pulling, face-scratching, and finger-biting. Three remediative approaches to self-injurious behavior were compared. Elimination of all social consequences of the self-injurious behavior was not effective with the two subjects with whom it was attempted. The same two subjects were exposed to a procedure involving reinforcement of non-self-injurious behavior which was ineffective under no food deprivation and was effective with one of the two subjects under mild food deprivation. Electric-shock punishment eliminated the self-injurious behaviors of all four subjects with whom it was attempted. The results suggested that punishment was more effective than differential reinforcement of non-self-injurious behavior which, in turn, was more effective than extinction through elimination of social consequences. However, the effects of the punishment were usually specific to the setting in which it was administered. In order to eliminate the self-injurious behaviors of severely retarded children, it is apparently necessary to carry out the treatment in many of the settings in which it occurs.     

Eine Quadratur des Kreises

In December 2009 the European Court of Human Rights (ECtHR) found in its judgment in the case of M. v. Germany that the retroactive repeal of the 10-year time limit for the first order of preventive detention violated articles 5 and 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). It took the German legislator about 1 year to reform the law on preventive detention during which the fate of preventive detainees was debated highly emotionally. Part of this reform is the Law on Therapy and Detention of Mentally Disordered Violent Offenders. It provides the possibility to further detain those persons who would have to be released following the ECtHR judgment. The key element is the very broad criterion ??mental disorder?? which is meant to justify the deprivation of liberty under article 5 § 1 lit. (e) ECHR. However, the attempt to bypass the ECtHR judgment in accordance with the ECHR is unsuccessful: the detention is a violation of article 5 ECHR.     

From therapeutic jurisprudence...to jurisprudent therapy

For nearly a decade, "therapeutic jurisprudence" (TJ) has provided a theoretical framework within which legal rules, legal procedure, and legal roles are analyzed in terms of their therapeutic, neutral, or antitherapeutic effects. This article proposed "jurisprudent therapy" (JT), an extension of the TJ model, as a context for analyzing mental health science, mental health practice, and mental health roles in terms of their "jurisprudent," neutral, or "antijurisprudent" effects. The JT perspective neither supplants nor supersedes TJ; rather, it mirrors and augments an established process for interdisciplinary contrast, comparison, and integration. Just as an empathic and evolving legal system provides psychological benefits, so does a legally informed and juridically compatible progression of social science promote principles of justice and human freedom. Consideration of these two complementary models in tandem yields an array of brainstorming devices, to synergistic effect, with heuristic implications for teaching, research, and service delivery.     

From moral theory to penal attitudes and back: a theoretically integrated modeling approach

From a moral standpoint, we would expect the practice of punishment to reflect a solid and commonly shared legitimizing framework. Several moral legal theories explicitly aim to provide such frameworks. Based on the theories of Retributivism, Utilitarianism, and Restorative Justice, this article first sets out to develop a theoretically integrated model of penal attitudes and then explores the extent to which Dutch judges' attitudes to punishment fit the model. Results indicate that penal attitudes can be measured in a meaningful way that is consistent with an integrated approach to moral theory. The general structure of penal attitudes among Dutch judges suggests a streamlined and pragmatic approach to legal punishment that is identifiably founded on the separate concepts central to moral theories of punishment. While Restorative Justice is frequently presented as an alternative paradigm, results show it to be smoothly incorporated within the streamlined approach.