Réflexions critiques sur les notions d’abolition et d’altération de la faculté à discerner

Inasmuch as the constitution of the mens rea of any offence remains suspended to its integrity, the capacity for discernment represents a condition of accountability whose definition responds to issues that are as much technical – with respect to psychiatric and psychological penal expertise – as they are theoretical – with respect to our conception of criminal responsibility and the psychological prerequisites that underlie it. Now, the fact is that since its introduction in 1992 with article 122–1 of the Penal Code, this notion of discernment is characterized by a certain conceptual inconsistency, giving rise to a damaging plurality of meanings making the verb discern the condensed version of a heterogeneous network of distinct psychological functions. The polysemic term of discernment thus gives rise to a fundamental indetermination as to the nature of the faculty that must be examined in order to decide on its abolition or its preservation at the moment of the act. This is not without favouring the appearance and persistence of arbitrary interpretations, and consequently discordant expert conclusions. Even more problematic, however, is the idea of an alteration of discernment, given the irreducible discrepancy between the continuous nature of an alteration and the discontinuous nature of the conclusion to which the agent is subject, in that the legal demand requires a decision – in a discretization of what is continuous – between the presence and absence of something that is lacking. We will in fact show in what way this concept of alteration as it applies to discernment tends to be either meaningless, or redundant – and therefore useless – in relation to that of abolition. So much so that the only conceivable solution to maintain a certain gradation of degrees of non-accountability seems to consist in having to specify the different types of abolition of discernment potentially observed, and then to propose a hierarchization according to their greater or lesser compatibility with the conservation of a criminal responsibility. .     

Cerebral blood flow in 5‐ to 8‐month‐olds: Regional tissue maturity is associated with infant affect

Infancy is marked by rapid neural and emotional development. The relation between brain function and emotion in infancy, however, is not well understood. Methods for measuring brain function predominantly rely on the BOLD signal; however, interpretation of the BOLD signal in infancy is challenging because the neuronal‐hemodynamic relation is immature. Regional cerebral blood flow (rCBF) provides a context for the infant BOLD signal and can yield insight into the developmental maturity of brain regions that may support affective behaviors. This study aims to elucidate the relations among rCBF, age, and emotion in infancy. One hundred and seven mothers reported their infants' (infant age M ± SD = 6.14 ± 0.51 months) temperament. A subsample of infants completed MRI scans, 38 of whom produced usable perfusion MRI during natural sleep to quantify rCBF. Mother‐infant dyads completed the repeated Still‐Face Paradigm, from which infant affect reactivity and recovery to stress were quantified. We tested associations of infant age at scan, temperament factor scores, and observed affect reactivity and recovery with voxel‐wise rCBF. Infant age was positively associated with CBF in nearly all voxels, with peaks located in sensory cortices and the ventral prefrontal cortex, supporting the formulation that rCBF is an indicator of tissue maturity. Temperamental Negative Affect and recovery of positive affect following a stressor were positively associated with rCBF in several cortical and subcortical limbic regions, including the orbitofrontal cortex and inferior frontal gyrus. This finding yields insight into the nature of affective neurodevelopment during infancy. Specifically, infants with relatively increased prefrontal cortex maturity may evidence a disposition toward greater negative affect and negative reactivity in their daily lives yet show better recovery of positive affect following a social stressor.     

The automatic evaluation of novel stimuli

From classic theory and research in psychology, we distill a broad theoretical statement that evaluative responding can be immediate, unintentional, implicit, stimulus based, and linked directly to approach and avoidance motives. This statement suggests that evaluative responses should be elicited by novel, nonrepresentational stimuli (e.g., abstract art, "foreign" words). We tested this hypothesis through combining the best features of relevant automatic–affect research paradigms. We first obtained explicit evaluative ratings of novel stimuli. From these, we selected normatively positive and negative stimuli to use as primes in a sequential priming paradigm. Two experiments using this paradigm demonstrated that briefly presented novel prime stimuli were evaluated automatically, as they facilitated responses to subsequently presented target stimuli of the same valence just as much as did pictures or names of real objects. A final experiment revealed that exposure to novel stimuli produces muscular predispositions to approach or avoid them.     

Perceivers' responses to in-group and out-group members who blame a negative outcome on discrimination

The authors extend recent research concerning the social costs of claiming discrimination by examining men's and women's responses to in-group and out-group targets who either blamed a failing grade on discrimination or answer quality. Although participants generally responded more negatively to targets who blamed discrimination, rather than answer quality, dislike was greatest and gender group identification was lowest when participants evaluated an in-group target. Moreover, an in-group target who claimed discrimination was perceived as avoiding personal responsibility for outcomes to a greater extent than was a similar out-group target. Perceptions that the target avoided outcome responsibility by claiming discrimination were shown to mediate the relationship between attribution type and dislike of the in-group target. The authors discuss their results in terms of intragroup processes and suggest that social costs may especially accrue for in-group members when claiming discrimination has implications for the in-group's social identity.     

Postextinction infusion of a mitogen-activated protein kinase inhibitor into the medial prefrontal cortex impairs memory of the extinction of conditioned fear

We investigated whether postextinction training infusion of PD098059, a selective inhibitor of mitogen-activated protein kinase (MAPK) activation, into the medial prefrontal cortex, would impair retention of extinction learning in rats. We found that immediate, but not late (2 or 4 h), postextinction infusion of PD098059 provoked a full return of conditioned freezing. These results suggest that activation of prefrontal MAPK in early stages of postextinction training participates in processes that protect against spontaneous recovery of aversive responses.     

In the privacy of their own homes: using the internet to assess racial bias

Recent studies suggest that research participants show reduced distortion of their taboo attitudes and behaviors when they take part in Internet-based procedures from outside the laboratory. We explored whether such procedures would reduce distortion in the assessment of racial bias. In Study 1, White participants who completed the study in the laboratory evaluated Black targets more favorably than White targets. This unexpected "outgroup-favoring" pattern occurred in both pencil-and-paper and Internet versions of the study, showing that modality did not produce it; but when participants worked outside the laboratory via the Internet, this pattern disappeared. Study 2 replicated the above findings and further indicated that the reduced distortion in Internet-based studies was due to the removal of the experimenter rather than removing the participants from the laboratory environment. The implications of these findings for the study of controlled processes of prejudice and the nature of Internet-based social communication are discussed.     

A Lay Perspective on the Accuracy of Eyewitness Testimony1

To understand more about what laypeople think they “know” about eyewitness testimony, 276 jury-eligible university students were asked to indicate what factors they believe affect the accuracy of eyewitness testimony. In contrast to the large proportion of eyewitness-memory research that concerns system variables, the lay respondents overwhelmingly generated factors related to estimator variables, while system-variable factors such as police questioning and identification procedures were rarely mentioned. Respondents also reported that their own common sense and everyday life experiences were their most important sources of information about the accuracy of eyewitness testimony. Not only do these results clarify the need for further research on the lay perspective of eyewitness testimony, but they also provide some insight into the way in which many jurors might approach cases involving eyewitness evidence.