La responsabilité pénale du psychiatre du fait de son patient

If the criminal liability remains personal, recent case law has tended to broaden the hypotheses for the doctor's criminal liability in the case of unintentional offenses. The question particularly concerns the psychiatrist, because of acts committed by his patient, on the basis of articles 221-6 or 222-19 of the French penal code. However, judicial assessment of the fault and its causal link with the damage does not impose on the psychiatrist an obligation of result, insofar as only serious professional misconduct, manifestly not in accordance with the rules of medical art, are sanctioned.     

L’ADN,la reine des preuves imparfaites

Due to the progress of science and the stakes of inquiry and sentence, the DNA analysis is subject of a substantial development within the area of criminal procedure. However, the DNA is by no means a perfect evidence and it faces scientific, ethic and legal limits which result in reconsidering the balance between the stakes of punishment and the protection of Fundamental Freedoms.     

L’affaire Lambert et la Convention internationale relative aux droits des personnes handicapées (CIDPH)

While the Conseil d’État once again confirmed the legality of the medical decision to stop treatment of Vincent Lambert, the Cour de Cassation held that the French State is not required to suspend the execution of the said decision pending the opinion of the Committee on the Rights of Persons with Disabilities, a United Nations’ body. Nevertheless, the High jurisdiction does not directly pronounce itself on the question of the binding force of the provisions of the Convention on the Rights of Persons with Disabilities and its additional protocol, nor on the scope of these texts.     

Human factors evaluation of an in-vehicle active traffic and demand management (ATDM) system

This research study focused on the evaluation of an emulated in-vehicle Active Traffic and Demand Management (ATDM) system on Interstate 66 in Northern Virginia. Traditional ATDM systems rely on infrastructure-mounted variable message signs (VMS) to provide information (speed limits, lane availability, etc.) to the traveling public. By providing information about dynamic roadway conditions on an in-vehicle device, the ATDM may improve driving safety and performance by allowing drivers to remain consistently aware of forthcoming traffic conditions and roadway requirements; even when external signage is inaccessible. This study represents an initial investigation of an emulated in-vehicle ATDM to provide developers with design guidance and ensure that unintended consequences, such as distraction, do not undermine the potential benefits.Twenty younger and 20 older participants, accompanied by a member of the research team, experienced the following ATDM features on an in-vehicle device (IVD) mounted to the dashboard: (1) dynamic speed limits, (2) dynamic lane use/shoulder control, (3) High Occupancy Vehicle (HOV) restrictions, and (4) roadway information from variable message signs. The IVD was equipped with auditory and visual alerts notifying the driver when relevant visual information was updated. Research questions addressed distraction and driver behavior associated with use of the system. Qualitative and quantitative participant data was acquired from the instrumented vehicle, various questionnaires, and researcher observation.Several key findings were uncovered: (1) The IVD, as tested, did not warrant classification as a source of distraction according to the NHTSA guidelines; v2) There was a significant difference in eye-glance durations to the IVD when comparing the VMS alerts to both the speed limit and lane management alerts; and (3) The speed limit alert motivated participants to alter their speed (per survey results and participant speed data).     

Mild functional decline and driving performance of older drivers without a diagnosed dementia: Study of leukoaraiosis and cognitive function

Motor vehicle collisions involving older drivers have increased and become an important social issue. It is known that the decline of cognitive function, including dementia, affects driving performance. A series of studies using the Mini-Mental State Examination (MMSE) and other tests of dementia have attempted to prevent motor vehicle collisions by identifying as early as possible older drivers who may be unable to maintain their driving performance. Further, the performance of older drivers may deteriorate even if they do not have a diagnosis of dementia. Therefore we focused on the relationship between cognitive functioning assessed by the MMSE and diagnosis of leukoaraiosis (LA), or changes in the cerebral white matter, with different aspects of driving behavior resulting from aging. Qualified driving instructors evaluated participants’ driving behaviors on an outdoor driving course at a driving school. Visual search duration and angle at intersections were obtained by wearable wireless sensors. Vehicle speed and minimum vehicle speed were recorded from vehicle speed pulse signals. Duration of signaling and visual searches at unsignalized intersections were recorded using an in-vehicle camera. We assessed instructors’ evaluations and the scores on two instruments to evaluate the effects of MMSE scores and the grade of LA on driving performance were verified. The results suggest that lower MMSE scores and higher LA grade can predict some aspects of poor driving performance in older drivers before they experience dementia or an evident decline in cognitive functioning. Based on these results, we discuss countermeasures that may prevent motor vehicle collisions involving older drivers.     

工作反刍及其“双刃剑”效应

工作反刍指在没有要求其出现的情境下, 有意识的、重复发生的工作方面的相关想法, 分为工作相关情感反刍与工作相关问题解决沉思两个维度。工作反刍对个体健康、工作及幸福感的影响有“双刃剑”效应。持续性认知理论、压力认知激活模型与认知资源视角理论, 可以解释该效应的内在机制。未来研究应分析影响双刃剑效应的边界条件, 寻求减少消极效应、增加积极效应的途径, 拓展其双刃剑效应心理机制的分析视角和该效应的作用层面。     

视觉空间工作记忆组间差异的神经机制

为考察视觉空间工作记忆（working memory, WM）维持和操作的组间差异及其神经机制,本研究记录了高、低WM组完成延迟再认（维持）任务和心理旋转（操作）任务时的行为和事件相关电位数据。结果发现,在操作任务中,高WM组比低WM组的反应时显著更短;高WM组的中前额叶慢波显著更正、双侧后顶区慢波显著更负,并且两者的波幅显著负相关。在维持任务中,两组被试的反应时无显著差异;高WM组的中前额叶慢波显著更正。结果表明,高WM组的执行注意能力可能更强,能通过有效调节和分配加工资源来表征视觉信息。     

Evolution and the nonlegal equivalent of aggressive criminal behavior

Within the framework of modern evolutionary theory, arguments are reviewed that the nonlegal equivalent of aggressive criminal behavior may have evolved by natural selection among mammals, particularly primates, as part of their overall approach to reproduction. If so, the commission of aggressive crimes (or their nonlegal equivalent) by humans, and even efforts to prevent fellow social group members from being victimized by aggressive crimes, may also be partially explainable in natural selection terms. The plausibility of this deduction was explored, first, by specifying the three elements that a human act must have to be regarded as an aggressive crime. Summarily, these were that (1) injury to a victim must be a likely result of the act, (2) the act must be intended, and (3) the act must elicit negative responses from those witnessing it. The primate behavior literature was examined for evidence that some behavior of nonhumans met all three conditions. Affirmative results were obtained. Therefore, while further research is in order, human aggressive criminal behavior, as well as human efforts to control it, seem to have close parallels in other primates. This would be consistent with the notion that aggressive criminal behavior (along with its condemnation by fellow group members) is part of a social system produced and sustained by natural selection.