Causalité juridique et imputabilité médicale : l’incidence de l’approche juridique du lien de causalité sur la pratique expertale en droit de la réparation du dommage corporel

Traditionally, a “direct and certain” causal link was required between fault and harm in order to engage an individual's compensatory liability. However, upon reading case law, it is possible to note that causality no longer necessarily has to be either direct or certain. Indeed, although the presence of a previous condition long enabled the exclusion of a direct link between a harmful event and its aftereffects, the French Court of Appeal (Cour de Cassation) now considers that pathological predispositions must no longer be taken into account (in respect of an exclusion or a reduction in the right to compensation) if these were latent, and only revealed by the harmful event. Similarly, on occasion the plaintiffs support their claims with bundles of evidence and arguments that can but force magistrates to set aside the absence of absolute certainty on a scientific level. Presumptions of accountability have even been put forward in some areas of personal injury compensation (traffic accidents and workplace accidents). The conduct and content of forensic expertises are then disrupted, both for the expert and for the victim's lawyer.     

‘Undesirable’ and ‘desirable’ shifts in children's responses to repeated questions: age differences in the effect of providing a rationale for repetition

This study examined factors influencing children's tendency to shift responses when questions are repeated within an interview. Forty nine 4–5‐year‐olds and 40 7–8‐year‐olds were questioned about a video they had seen, with questions repeated by the same or a different interviewer. Half the children were given a rationale for question repetition, and half were not. Overall, the older children shifted less than the younger children, and, unlike the younger children, more to misleading than unbiased questions. The rationale did not affect overall shifting, but reduced the probability of ‘undesirable’ shifts (towards inaccuracy) in the younger children, and increased ‘desirable’ shifts (towards accuracy) at both ages. In the younger children, the rationale reduced total number of shifts, but only with the same interviewer, while in the older children the reverse applied. The results suggest developmental progression in the relative contributions of memorial and social/motivational factors to shifting. Implications for investigative interviewing with children are discussed. Copyright © 2004 John Wiley & Sons, Ltd.     

Individual Differences in Decision Making Depend on Cognitive Abilities,Monitoring and Control

Decision making is the process by which actions are constructed and initiated. Across many research streams, this can be explained in terms of three broad cognitive processes: cognitive abilities that construct judgements and potential courses of action, and interacting monitoring and control processes that determine when to initiate them as behaviour. The aim of this research was to investigate the generality of individual differences in these processes, and their power to predict patterns of decision behaviour identified in our previous research. Undergraduate participants (N = 364) completed nine tests assessing cognitive abilities, monitoring confidence, control thresholds and various patterns of decision behaviour. The tests differed in their cognitive ability requirements and the nature of the payoffs associated with decisions. Cognitive abilities were a strong predictor of individuals' decision competence and optimality, while monitoring confidence and control thresholds were strong and unique predictors of their overall decisiveness, and reckless and hesitant errors. These results were strongest when the measures of cognitive abilities and monitoring confidence were derived from tests with the same cognitive requirements as the tests used to derive the decision behaviours and when the control threshold measure was derived from tests with the same decision payoffs as the test used to derive the decision behaviours. This effect was particularly pronounced for control thresholds, highlighting the domain‐specific nature of cognitive control processes. These findings demonstrate how cognitive abilities, monitoring output and control thresholds interact with cognitive requirements and context‐specific payoffs to drive individual differences in decision‐making behaviour. Copyright © 2016 John Wiley & Sons, Ltd.     

‘They’ve invited me into their world’: a focus group with clinicians delivering a behaviour change intervention in a UK contraceptive service

Although teenage conceptions rates in the United Kingdom (UK) have seen a downward trend recently, it remains imperative that contraceptive services for young people continue to improve. To ensure that evidence-based interventions are sustained in clinical practice, it is useful to assess the experiences of those delivering them. This study explores the experiences of sexual health clinicians who were trained to deliver a one-to-one behaviour change intervention aiming to improve contraceptive use in young women. The intervention was set in a UK NHS contraceptive and sexual health service and involved clinicians’ facilitating (within one-to-one consultations) the formation of implementation intentions (or ‘if-then’ plans) that specified when, where and how young women would use contraception. A focus group was conducted with seven clinicians who had delivered the intervention. A thematic analysis of the focus group revealed three overall themes: (1) How the intervention worked in practice; (2) barriers and benefits to delivering the intervention; and (3) positive changes to individual consultation style and wider ‘best practice’ within the clinic. Our findings show that, with support, clinical staff would be in favour of incorporating if-then planning as a strategy to help promote contraceptive adherence in young women.     

Re‐Member MOVE: The Anatomy of a Reconciliation

On May 13, 1985, Philadelphia city officials authorized the dropping of a bomb on a house in a residential neighborhood, killing 11 people of the MOVE organization—including five children—destroying 61 homes and rendering nearly 250 residents homeless. The years leading up to this tragedy involved multiple instances of police brutality, one of which resulted in the more than 40‐year incarceration of nine MOVE members (commonly known as the MOVE 9). In this first‐person account, we review literature on reconciliation and apologies, explore the value of reconciliation in community psychology, and reflect on our involvement as a reconciliation strategist and a community psychologist in initiating, developing and facilitating a reconciliation process. A model of iterative reconciliation as a creative multilevel and multipurpose tool relevant for community psychology is proposed. The reconciliation process began in September 2018 between key players involved with the MOVE organization and Philadelphia officials and community members and family and involved multiple community gatherings and conversations with many stakeholders. Ultimately, through the extensive reconciliation process, the authors facilitated the issuing of an apology on May 13, 2020 by the Council of the City of Philadelphia.     

Developmental progression in the confidence‐accuracy relationship in event recall: insights provided by a calibration perspective

The development of discrimination and realism was investigated in the event recall of 156 8‐year‐olds, 133 10‐year‐olds and 146 adults, using categorical confidence judgements. Target questions were either a mixture of misleading and unbiased (‘non‐bombardment’), or restricted to one question format (‘bombardment’). The confidence judgements of all age groups discriminated between incorrect and correct responses to unbiased questions, but with misleading questions, this ability was undermined in the children, particularly when ‘bombarded’. Calibration‐style analyses of unbiased questions revealed a systematic confidence–accuracy association across age and question mix for unbiased questions. For misleading questions, however, the absence of a drop in performance from intermediate to low confidence at all ages suggested relative underconfidence at the lowest confidence level. At high confidence levels, there was evidence of realistic congruence between confidence and performance in adults, but this was not the case in the 10‐year‐olds when bombarded with misleading questions, or in the 8‐year‐olds, regardless of bombardment. Exploratory analyses of question difficulty revealed poor calibration across ages for difficult unbiased questions, and in the 8‐year‐olds, even for easy unbiased questions when intermixed with misleading questions. Bombardment with difficult misleading questions further undermined children's calibration. Implications for the role of social and cognitive factors in the development of metacognitive monitoring are discussed. Copyright © 2006 John Wiley & Sons, Ltd.     

Tracking the acquisition of orthographic skills in developing readers: masked priming effects

A masked priming procedure was used to explore developmental changes in the tuning of lexical word recognition processes. Lexical tuning was assessed by examining the degree of masked form priming and used two different types of prime-target lexical similarity: one letter different (e.g., rlay-->PLAY) and transposed letters (e.g., lpay-->PLAY). The performance of skilled adult readers was compared with that of developing readers in Grade 3. The same children were then tested again two years later, when they were in Grade 5. The skilled adult readers showed no form priming, indicating that their recognition mechanisms for these items had become finely tuned. In contrast, the Grade 3 readers showed substantial form priming effects for both measures of lexical similarity. When retested in Grade 5, the developing readers no longer showed significant one letter different priming, but transposed letter priming remained. In general, these results provide evidence for a transition from more broadly tuned to more finely tuned lexical recognition mechanisms and are interpreted in the context of models of word recognition.     

A cross-cultural study of psychosocial aspects of sickle cell disease in the UK and Nigeria

Pain experience, health service utilization and psychological coping in adult patients with sickle cell disease were compared cross-culturally between the UK and Nigeria. Patients in the UK experienced a significantly greater number of pain episodes and of longer duration, with more frequent visits to accident and emergency departments compared with those in Nigeria. The Nigerian patients, on the other hand, applied more psychologically active coping strategies such as distraction to deal with their sickle cell pain in the community. These significant differences are explained in relation to external health locus of control factors including beliefs, and the cost of healthcare in relation to the use of health services. Clinical implications of these findings are also considered.