Les Neurosciences au Tribunal: de la responsabilité à la dangerosité

In recent years, an explosion of interest in neuroscience has led to the development of "Neuro-law," a new multidisciplinary field of knowledge whose aim is to examine the impact and role of neuroscientific findings in legal proceedings. Neuroscientific evidence is increasingly being used in US and European courts in criminal trials, as part of psychiatric testimony, nourishing the debate about the legal implications of brain research in psychiatric-legal settings. During these proceedings, the role of forensic psychiatrists is crucial. In most criminal justice systems, their mission consists in accomplishing two basic tasks: assessing the degree of responsibility of the offender and evaluating their future dangerousness. In the first part of our research, we aim to examine the impact of Neuroscientific evidence in the assessment of criminal responsibility, a key concept of law. An initial jurisprudential research leads to conclude that there are significant difficulties and limitations in using neuroscience for the assessment of criminal responsibility. In the current socio-legal context, responsibility assessments are progressively being weakened, whereas dangerousness assessments gain increasing importance in the field of forensic psychiatry. In the second part of our research we concentrate on the impact of using neuroscience for the assessment of dangerousness. We argue that in the current policy era of zero tolerance, judges, confronted with the pressure to ensure public security, may tend to interpret neuroscientific knowledge and data as an objective and reliable way of evaluating one's dangerousness and risk of reoffending, rather than their responsibility. This tendency could be encouraged by a utilitarian approach to punishment, advanced by some recent neuroscientific research which puts into question the existence of free will and responsibility and argues for a rejection of the retributive theory of punishment. Although this shift away from punishment aimed at retribution in favor of a consequentialist approach to criminal law is advanced by some authors as a more progressive and humane approach, we believe that it could lead to the instrumentalisation of neuroscience in the interest of public safety, which can run against the proper exercise of justice and civil liberties of the offenders. By advancing a criminal law regime animated by the consequentialist aim of avoiding social harms through rehabilitation, neuroscience promotes a return to a therapeutical approach to crime which can have serious impact on the kind and the length of sentences imposed on the offenders; if neuroscientific data are interpreted as evidence of dangerousness, rather than responsibility, it is highly likely that judges impose heavier sentences, or/and security measures (in civil law systems), which can be indeterminate in length. Errors and epistemic traps of past criminological movements trying to explain the manifestation of a violent and deviant behavior on a biological and deterministic basis stress the need for caution concerning the use of modern neuroscientific methods in criminal proceedings.

Publicizing insecurity, privatizing security: Chinese wholesalers' surveillance cameras in a Paris suburb

Since the early nineties, several hundreds of Chinese immigrants have settled in what has become known as the 'Chinese wholesalers area'. For the past two years, Chinese wholesalers in Aubervilliers have been calling on public authorities to address the problem of street robberies and violent thefts, which they experience on a daily basis. Yet, they have been encouraged by the authorities to ensure their own protection, by - amongst other things - installing surveillance cameras to film the streets. This is illegal according to French legislation on camera surveillance. Knowing this, why have surveillance cameras been adopted as a solution? This question guides the ethnographic analysis presented here of a situation where the installation of surveillance cameras was locally negotiated by the main actors involved - namely, the wholesalers' representatives and the police.

Topics in public finance: social security and taxation

Summary The field of public finance focuses on the spending and taxing activities of governments and their influence on the allocation of resources and distribution of income. This work covers in three parts different topics related to public finance which are currently widely discussed in media and politics. The first two parts deal with issues on social security, which is in general one of the biggest spending shares of governments. The third part looks at the main income source of governments by analyzing the perceived value of tax competition. Part one deals with the current problem of increased early retirement by focusing on Switzerland as a special case. Early retirement is predominantly considered to be the result of incentives set by social security and the tax system. But the Swiss example demonstrates that the incidence of early retirement has dramatically increased even in the absence of institutional changes. We argue that the wealth effect also plays an important role in the retirement decision for middle and high income earners. An actuarially fair, but mandatory funded system with a relatively high replacement rate may thus contribute to a low labor market participation rate of elderly workers. We provide evidence using a unique dataset on individual retirement decisions in Swiss pension funds, allowing us to perfectly control for pension scheme details. Our findings suggest that affordability is a key determinant in the retirement decisions. The higher the accumulated pension capital, the earlier men, and to a smaller extent women, tend to leave the workforce. The fact that early retirement has become much more prevalent in the last 15 years is a further indicator of the importance of a wealth effect, as the maturing of the Swiss mandatory funded pension system over that period has led to an increase in the effective replacement rates for middle and high income earners. Part two covers the theoretical side of social security. Theories analyzing optimal social security benefits provide important qualitative results, by mainly using one general type of an economy. Economies are however very diverse concerning numerous aspects, one of the most important being the wealth level. This can lead to significant quantitative benefit differences that imply differences in replacement rates and levels of labor supply. We focus on several aspects related to this fact. In a within cohort social security model, we introduce disability insurance with an imperfect screening mechanism. We then vary the wealth level of the model economy and analyze how the optimal social security benefit structure or equivalently, the optimal replacement rates, changes depending on the wealth level of the economy, and if the introduction of disability insurance into a social security system is preferable for all economies. Second, the screening mechanism of disability insurance and the threshold level at which people are defined as disabled can differ. For economies with different wealth levels, we determine for different thresholds the screening level that maximizes social welfare. Finally, part three turns to the income of governments, by adding an element to the controversy on tax competition versus tax harmonization.2 Inter-jurisdictional tax competition can generate at least two potential benefits or costs: On a public level, tax competition may result in a lower or higher efficiency in the production of public services. But there is also a more private benefit in the form of an option for individuals to move to a community with a lower tax rate in the future. To explore the value citizens attach to tax competition we analyze a unique popular vote for a complete tax harmonization between communities in the third largest Swiss canton, Vaud. Although a majority of voters would have seemingly benefited from replacing the current tax rate by a revenue-neutral average tax rate, the proposal was rejected by a large margin. Our estimates suggest that the estimated combined perceived benefit from tax competition is in the range of 10%.

Police work and new 'security devices' : a tale from the beat

Mobile technologies have brought about major changes in police equipment and police work. If a utopian narrative remains strongly linked to the adoption of new technologies, often formulated as 'magic bullets' to real occupational problems, there are important tensions between their 'imagined' outcomes and the (unexpected) effects that accompany their daily 'practical' use by police officers. This article offers an analysis of police officers' perceptions and interactions with security devices. In so doing, it develops a conceptual typology of strategies for coping with new technology inspired by Le Bourhis and Lascoumes: challenging, neutralizing and diverting. To that purpose, we adopt an ethnographic approach that focuses on the discourses, practices and actions of police officers in relation to three security devices: the mobile digital terminal, the mobile phone and the body camera. Based on a case study of a North American municipal police department, the article addresses how these technological devices are perceived and experienced by police officers on the beat.

Acknowledgment and psychiatric symptoms in police officers in Switzerland

The way supervisors acknowledge specific contribution and efforts of their employees has an impact on occupational health and wellbeing. Acknowledgement is a protective factor when it is sufficiently provided. We carried out a study about occupational health in police officers with special emphasis on acknowledgment and reward. A questionnaire was sent to 1000 police officers and inspectors working for a cantonal administration in Switzerland. In total, 695 participants answered the questionnaire. We used the TST questionnaire (French version of the Langner's questionnaire on psychiatric symptoms) to identify cases characterized by potential mental health problems. Multiple choice items (5 modalities ranging from "not at all" to "tremendously") were used to measure acknowledgment. The score for psychiatric symptoms was high (TST score >or= 9) for 86 police officers and inspectors for whom health might be at risk. Compared with police officers having low or medium scores for psychiatric symptoms (TST score < 9), police officers with high TST scores were more likely to report the lack of support and attention from the supervisors (odds ratio [OR] 3.2, 95% confidence interval [CI] 2.0 to 5.1) and the lack of acknowledgment by the hierarchy (OR 3.0, 95% CI 1.9 to 4.8). They were also more likely to mention that judicial authorities have a low consideration for police officers (OR 2.7, 95% CI 1.7 to 4.3) and that the public in general have a low appreciation of police officers (OR 1.8, 95% CI 1.2 to 2.9). Preserving mental health in occupations characterized by high emotional demand is challenging. Our results show that acknowledgment and mental health are associated. Further research should address a potential causal relation of acknowledgment on mental health in police officers and inspectors.

Copwatching et perception publique de la police. L'intervention policière comme performance sous surveillance

Envisagée comme une situation sociale de rassemblement en rue, l'intervention policière se caractérise par sa nature publique et observable. Le « copwatching », en tant que pratique amateur de captation vidéo des interventions de police, problématise la visibilité des agents sur la voie publique en les soumettant à une surveillance médiatique. M'appuyant sur des exemples vidéos, j'explore les dimensions visuelles et symboliques du travail policier. De la performance policière en rue à la figuration médiatique du policier, l'étude des médiations entre action et image permet d'interroger la perception publique de la police engagée dans les rassemblements. Abstract Cop-watching and the public perception of the police. Police intervention as performance under surveillance. This paper deals with police work as a public performance on the street. Cop-watching, a way of publicly observing and documenting police activities, reveals the complex relationship between public perceptions of law enforcement and the visual nature of much police work. Three methodological approaches to cop-watching videos allow us to highlight the visual dimensions of police work : the study of mass-media images of cops, the study of street performance by real cops, and the study of the ways people make sense of the visual symbolic environment present in everyday police work.

Acknowledgment and health in police officers

The way colleagues and supervisors acknowledge specific contribution and efforts of individuals is crucial for occupational mental health and well being. It contributes to improve the self image of employees and it gives a sense to the activities performed. We carried out a study about occupational health in police officers with a special emphasis on acknowledgment and reward. A questionnaire was sent to 1000 police officers working for a cantonal administration in Switzerland. In total, 695 participants answered the questionnaire. We used the French version of the Langner's questionnaire on psychiatric symptoms to identify cases characterized by potential mental health problems. Multiple choice items (6 modalities ranging from "not at all" to "tremendously") to measure acknowledgment were used. Answers were later dichotomized (low annoyance- high annoyance). Questions we used are: "Do you feel annoyed due to a lack of support and attention from your supervisors?" "Do you feel annoyed because the authorities (politics, judges, etc.) have a low consideration of your occupation?" "Do you feel annoyed due to a low appreciation by the public?" and "Do you feel annoyed due to a lack of acknowledgment by the hierarchy?". The score for psychiatric symptoms was high for 86 police officers for whom health might be at risk. Acknowledgment aspects associated with a high score for psychiatric symptoms are : high annoyance due to a lack of support and attention from supervisors (odds ratio [OR] 3.2, 95% confidence interval [CI] 2.0 to 5.1), high annoyance because authorities seems to have a low consideration for police officers (OR 2.7, 95% CI 1.7 to 4.3), high annoyance due to a low appreciation by the public (OR 1.8, 95% CI 1.2 to 2.9), and high annoyance due to a lack of acknowledgment by the hierarchy (OR 3.0, 95% CI 1.9 to 4.8). Preserving mental health in occupations characterized by high emotional demand is challenging. The results from our study suggest that appropriate acknowledgment might contribute to the prevention of mental health problems. Further research should address a potential causal relation of acknowledgment on mental health.

Work motivation and pro-social behavior in the delivery of public services : theoretical and empirical insights

This Ph.D. dissertation seeks to study the work motivation of employees in the delivery of public services. The questioning on work motivation in public services in not new but it becomes central for governments which are now facing unprecedented public debts. The objective of this research is twofold : First, we want to see if the work motivation of employees in public services is a continuum (intrinsic and extrinsic motivations cannot coexist) or a bi-dimensional construct (intrinsic and extrinsic motivations coexist simultaneously). The research in public administration literature has focused on the concept of public service motivation, and considered motivation to be uni-dimensional (Perry and Hondeghem 2008). However, no study has yet tackled both types of motivation, the intrinsic and extrinsic ones, in the same time. This dissertation proposes, in Part I, a theoretical assessment and an empirical test of a global work motivational structure, by using a self-constructed Swiss dataset with employees from three public services, the education sector, the security sector and the public administrative services sector. Our findings suggest that work motivation in public services in not uni-dimensional but bi-dimensional, the intrinsic and extrinsic motivations coexist simultaneously and can be positively correlated (Amabile et al. 1994). Our findings show that intrinsic motivation is as important as extrinsic motivation, thus, the assumption that employees in public services are less attracted by extrinsic rewards is not confirmed for this sample. Other important finding concerns the public service motivation concept, which, as theoretically predicted, represents the major motivational dimension of employees in the delivery of public services. Second, the theory of public service motivation makes the assumption that employees in public services engage in activities that go beyond their self-interest, but never uses this construct as a determinant for their pro-social behavior. In the same time, several studies (Gregg et al. 2011 and Georgellis et al. 2011) bring evidence about the pro-social behavior of employees in public services. However, they do not identify which type of motivation is at the origin of this behavior, they only make the assumption of an intrinsically motivated behavior. We analyze the pro-social behavior of employees in public services and use the public service motivation as determinant of their pro-social behavior. We add other determinants highlighted by the theory of pro-social behavior (Bénabou and Tirole 2006), by Le Grand (2003) and by fit theories (Besley and Ghatak 2005). We test these determinants on Part II and identify for each sector of activity the positive or the negative impact on pro-social behavior of Swiss employees. Contrary to expectations, we find, for this sample, that both intrinsic and extrinsic factors have a positive impact on pro-social behavior, no crowding-out effect is identified in this sample. We confirm the hypothesis of Le Grand (2003) about the positive impact of the opportunity cost on pro-social behavior. Our results suggest a mix of action-oriented altruism and out-put oriented altruism of employees in public services. These results are relevant when designing incentives schemes for employees in the delivery of public services.

Association of work related chronic stressors and psychiatric symptoms in a Swiss sample of police officers : a cross sectional questionnaire study

Purpose (1) To identify work related stressors that are associated with psychiatric symptoms in a Swiss sample of policemen and (2) to develop a model for identifying officers at risk for developing mental health problems. Method The study design is cross sectional. A total of 354 male police officers answered a questionnaire assessing a wide spectrum of work related stressors. Psychiatric symptoms were assessed using the "TST questionnaire" (Langner in J Health Hum Behav 4, 269-276, 1962). Logistic regression with backward procedure was used to identify a set of variables collectively associated with high scores for psychiatric symptoms. Results A total of 42 (11.9%) officers had a high score for psychiatric symptoms. Nearly all potential stressors considered were significantly associated (at P < 0.05) with a high score for psychiatric symptoms. A significant model including 6 independent variables was identified: lack of support from superior and organization OR = 3.58 (1.58-8.13), self perception of bad quality work OR = 2.99 (1.35-6.59), inadequate work schedule OR = 2.84 (1.22-6.62), high mental/intellectual demand OR = 2.56 (1.12-5.86), age (in decades) OR = 1.82 (1.21-2.73), and score for physical environment complaints OR = 1.30 (1.03-1.64). Conclusions Most of work stressors considered are associated with psychiatric symptoms. Prevention should target the most frequent stressors with high association to symptoms. Complaints of police officers about stressors should receive proper consideration by the management of public administration. Such complaints might be the expression of psychiatric caseness requiring medical assistance. Particular attention should be given to police officers complaining about many stressors identified in this study's multiple model. [Authors]

La co-production dans les prestations relevant de la puissance publique : l'exemple de la police de proximité en Suisse

Si dans certains domaines (ex. les services de l'emploi) la co-production est bien implantée, elle paraît plus ardue dans d'autres types de services publics, comme la police. La co-production de la sécurité est-elle faisable ? Quelles sont les volontés de part et d'autre pour développer ce partenariat ? À l'aune de la police de proximité en Suisse et sur la base de données quantitatives et qualitatives, cet article apporte des résultats innovants. If in some administrations (eg. employment services) it is clearly well established, the co-production seems to be more difficult in other services, like the police. Thus, is the co-production of security services feasible ? Are both parties (police forces and citizens) ready for such a process ? In the light of community policing in Switzerland and on the basis of quantitative and qualitative data, this article will provide innovative results and research avenues in the field.

Des faux documents d'identité au renseignement forensique : développement d'une approche systématique et transversale du traitement de la donnée forensique à des fins de renseignement criminel

La fabrication, la distribution et l'usage de fausses pièces d'identité constituent une menace pour la sécurité autant publique que privée. Ces faux documents représentent en effet un catalyseur pour une multitude de formes de criminalité, des plus anodines aux formes les plus graves et organisées. La dimension, la complexité, la faible visibilité, ainsi que les caractères répétitif et évolutif de la fraude aux documents d'identité appellent des réponses nouvelles qui vont au-delà d'une approche traditionnelle au cas par cas ou de la stratégie du tout technologique dont la perspective historique révèle l'échec. Ces nouvelles réponses passent par un renforcement de la capacité de comprendre les problèmes criminels que posent la fraude aux documents d'identité et les phénomènes qui l'animent. Cette compréhension est tout bonnement nécessaire pour permettre d'imaginer, d'évaluer et de décider les solutions et mesures les plus appropriées. Elle requière de développer les capacités d'analyse et la fonction de renseignement criminel qui fondent en particulier les modèles d'action de sécurité les plus récents, tels que l'intelligence-led policing ou le problem-oriented policing par exemple. Dans ce contexte, le travail doctoral adopte une position originale en postulant que les fausses pièces d'identité se conçoivent utilement comme la trace matérielle ou le vestige résultant de l'activité de fabrication ou d'altération d'un document d'identité menée par les faussaires. Sur la base de ce postulat fondamental, il est avancé que l'exploitation scientifique, méthodique et systématique de ces traces au travers d'un processus de renseignement forensique permet de générer des connaissances phénoménologiques sur les formes de criminalité qui fabriquent, diffusent ou utilisent les fausses pièces d'identité, connaissances qui s'intègrent et se mettent avantageusement au service du renseignement criminel. A l'appui de l'épreuve de cette thèse de départ et de l'étude plus générale du renseignement forensique, le travail doctoral propose des définitions et des modèles. Il décrit des nouvelles méthodes de profilage et initie la constitution d'un catalogue de formes d'analyses. Il recourt également à des expérimentations et des études de cas. Les résultats obtenus démontrent que le traitement systématique de la donnée forensique apporte une contribution utile et pertinente pour le renseignement criminel stratégique, opérationnel et tactique, ou encore la criminologie. Combiné aux informations disponibles par ailleurs, le renseignement forensique produit est susceptible de soutenir l'action de sécurité dans ses dimensions répressive, proactive, préventive et de contrôle. En particulier, les méthodes de profilage des fausses pièces d'identité proposées permettent de révéler des tendances au travers de jeux de données étendus, d'analyser des modus operandi ou d'inférer une communauté ou différence de source. Ces méthodes appuient des moyens de détection et de suivi des séries, des problèmes et des phénomènes criminels qui s'intègrent dans le cadre de la veille opérationnelle. Ils permettent de regrouper par problèmes les cas isolés, de mettre en évidence les formes organisées de criminalité qui méritent le plus d'attention, ou de produire des connaissances robustes et inédites qui offrent une perception plus profonde de la criminalité. Le travail discute également les difficultés associées à la gestion de données et d'informations propres à différents niveaux de généralité, ou les difficultés relatives à l'implémentation du processus de renseignement forensique dans la pratique. Ce travail doctoral porte en premier lieu sur les fausses pièces d'identité et leur traitement par les protagonistes de l'action de sécurité. Au travers d'une démarche inductive, il procède également à une généralisation qui souligne que les observations ci-dessus ne valent pas uniquement pour le traitement systématique des fausses pièces d'identité, mais pour celui de tout type de trace dès lors qu'un profil en est extrait. Il ressort de ces travaux une définition et une compréhension plus transversales de la notion et de la fonction de renseignement forensique. The production, distribution and use of false identity documents constitute a threat to both public and private security. Fraudulent documents are a catalyser for a multitude of crimes, from the most trivial to the most serious and organised forms. The dimension, complexity, low visibility as well as the repetitive and evolving character of the production and use of false identity documents call for new solutions that go beyond the traditional case-by-case approach, or the technology-focused strategy whose failure is revealed by the historic perspective. These new solutions require to strengthen the ability to understand crime phenomena and crime problems posed by false identity documents. Such an understanding is pivotal in order to be able to imagine, evaluate and decide on the most appropriate measures and responses. Therefore, analysis capacities and crime intelligence functions, which found the most recent policing models such as intelligence-led policing or problem-oriented policing for instance, have to be developed. In this context, the doctoral research work adopts an original position by postulating that false identity documents can be usefully perceived as the material remnant resulting from the criminal activity undertook by forgers, namely the manufacture or the modification of identity documents. Based on this fundamental postulate, it is proposed that a scientific, methodical and systematic processing of these traces through a forensic intelligence approach can generate phenomenological knowledge on the forms of crime that produce, distribute and use false identity documents. Such knowledge should integrate and serve advantageously crime intelligence efforts. In support of this original thesis and of a more general study of forensic intelligence, the doctoral work proposes definitions and models. It describes new profiling methods and initiates the construction of a catalogue of analysis forms. It also leverages experimentations and case studies. Results demonstrate that the systematic processing of forensic data usefully and relevantly contributes to strategic, tactical and operational crime intelligence, and also to criminology. Combined with alternative information available, forensic intelligence may support policing in its repressive, proactive, preventive and control activities. In particular, the proposed profiling methods enable to reveal trends among extended datasets, to analyse modus operandi, or to infer that false identity documents have a common or different source. These methods support the detection and follow-up of crime series, crime problems and phenomena and therefore contribute to crime monitoring efforts. They enable to link and regroup by problems cases that were previously viewed as isolated, to highlight organised forms of crime which deserve greatest attention, and to elicit robust and novel knowledge offering a deeper perception of crime. The doctoral research work discusses also difficulties associated with the management of data and information relating to different levels of generality, or difficulties associated with the implementation in practice of the forensic intelligence process. The doctoral work focuses primarily on false identity documents and their treatment by policing stakeholders. However, through an inductive process, it makes a generalisation which underlines that observations do not only apply to false identity documents but to any kind of trace as soon as a profile is extracted. A more transversal definition and understanding of the concept and function of forensic intelligence therefore derives from the doctoral work.

Epidemiology and injury patterns of patients consulting following assault by nightclub security agents in a university hospital emergency service and an associated specialised forensic consultation

Introduction: The Violence Medical Unit (VMU), a specialised forensic medical consultation, was created at the Lausanne university Hospital in 2006. All patients consulting at the ED for interpersonal violencerelated injury are referred to the VMU, which provides forensic documentation of the injury and referral to the relevant community based victim-support organisations within 48 hours of the ED visit. This frees the ED medical staff from forensic injury documentation and legal/social referral, tasks for which they lack both time and training. Among community violence, assaults by nightclub security agents against patrons have increased from 6% to 10% between 2007 and 2009. We set out to characterise the demographics, assault mechanisms, subsequent injuries, prior alcohol intake and ED & VMU costs incurred by this group of patients. Methods: We retrospectively included all patients consulting at the VMU due to assault by nightclub security agents from January 2007 to December 2009. Data was obtained from ED & VMU medical, nursing and administrative records. Results: Our sample included 70 patients, of which 64 were referred by the CHUV ED. The victims were typically young (median age 29) males (93%). 77% of assaults occurred on the weekend between 12 PM and 4 AM, and 73% of the victims were under the influence of alcohol. 83% of the patients were punched, kicked and/or head-butted; 9% had been struck with a blunt instrument. 80% of the injuries were in the head and neck area and 19% of the victims sustained fractures. 21% of the victims were prescribed medical leave. Total ED & VMU costs averaged 1048 SFr. Conclusion: Medical staff treating this population of assault victims must be aware of the assault mechanisms and injury patterns, in particular the high probability of fractures, in order to provide adequate diagnosis and care. Associated inebriation mandates liberal use of radiology, as delayed or missed diagnosis may have medical, medicolegal and legal implications. Emergency medical services play an important role in detecting and reporting of such incidents. Centralised management of the forensic documentation facilitates referral to victim support organisations and epidemiological data collection. Magnitudes and trends of the different types of violence can be determined, and this information can be then impact public safety management policies.