Psychothérapie et psychiatrie forensique [Psychotherapy and forensic psychiatry].

Psychotherapists in the forensic field are in an uncomfortable position. The reluctance of patients to be subjected to such obligatory treatments and to face their own violence contributes to this difficult position. The mission of public safety assigned to these treatments, their assessment through risk of recidivism rather than therapeutic effectiveness as well as misconception by lawyers and authorities of what psychotherapy really is reinforce the difficulty of such a practice. However, a clarification of the nature of each type of interventions allows the establishment of viable psychotherapeutic framework adapted to penal constraints. The developments of approaches specifically tailored to prison settings as well as to sexual offenders are illustrations of this point.

La délinquance des étrangers : criminalité, récidive et les facteurs influençant le retour en prison

Résumé : La délinquance des étrangers se situe depuis quelques années au milieu de beaucoup de débats politiques. En même temps, la récidive constitue l'un des sujets d'étude classiques de la criminologie. Cette recherche combine ces deux phénomènes en s'intéressant aux causes de la délinquance et de l'éventuelle récidive d'un échantillon d'étrangers incarcérés en Suisse. Le cadre théorique repose sur une revue approfondie de la littérature scientifique sur la délinquance des étrangers ainsi que sur les facteurs influençant la récidive. Ces revues ont conduit à l'élaboration d'une série d'hypothèses qui ont été testées dans la partie empirique du travail. Cette dernière comprend l'étude des 500 dossiers des étrangers libérés des Etablissements pénitentiaires de la Plaine de l'Orbe (EPO, canton de Vaud, Suisse) entre 1995 et 1999, ainsi que le suivi de ces personnes, avec l'aide des données fournies par l'Office fédéral de la statistique, afin d'établir si elles avaient récidivé durant les cinq années postérieures à leur libération. Elle comprend également l'analyse de 125 entretiens conduits auprès des détenus des EPO entre 2005 et 2006 dont le but était d'établir, entre autres, leur perception subjective sur les causes de la délinquance et de la récidive. Les résultats indiquent un taux de récidive d'environ 30%. En outre, ils corroborent l'influence sur la récidive des facteurs identifiés par les recherches précédentes bien que, vu les particularités de l'échantillon étudié, certains de ces facteurs -tel que l'âge à la première condamnation ou l'âge à la sortie de prison-, présentent des divergences. En outre, l'analyse des entretiens a permis l'élaboration d'une nouvelle classification des causes de la récidive. Finalement, la recherche permet une connaissance plus approfondie des causes de l'implication dans la délinquance de la population de référence. The delinquency of the foreigners: criminality, recidivism and the factors that influence to the return to prison Abstract : The foreigners' delinquency is today in the middle of political debates. Moreover, recidivism is one of the classical subjects studied in criminology. The present research combines these two phenomena by studying the causes of foreigners' delinquency and recidivism. With the purpose of doing this research, a theoretical framework on the criminality of foreigners has been established through an extensive review of research literature on this subject as well as on the factors influencing recidivism. These reviews have allowed the establishment of a series of hypotheses that have been tested in the empirical part of the study. This empirical research includes the study of 500 cases of all foreigners released from the Penitentiary Establishment of the Plaine de l'Orbe (EPO, in the Vaud region) between 1995 and 1999. This population was then followed-up by means of data provided by the Swiss Federal Office of Statistics in order to know whether they had recidivated during the five years following their release. The empirical study also includes the analysis of interviews conducted with 125 inmates of EPO between 2005 and 2006 to determine what are, in the opinion of the inmates interviewed, the causes of recidivism and the causes of crime. The results show a recidivism rate of approximately 30%. Furthermore, the factors which, according to research analyzed, influence recidivism, have also been related to the recidivism of our sample. However, due to the fact that the sample studied consists of foreigners, some factors, such as age of the first conviction or age of release of prison, show some differences with respect to the literature. Finally, the information obtained from the interviews has allowed the establishment of a new classification on the causes of recidivism, and to get a deeper knowledge of the causes of crime involvement of the population studied.

Justice and Court Administrations, Their Workings and Efficiency in Switzerland : Aspects of Sentencing And Its Outcome In Swiss Cantons

The comparison of the operations of the administration of justice among cantons shows on one side large differences in the three major types of sentencing, in the use of pre-trial detention and the unsuspended prison sanction. When combined, one finds however very weak relationships when considering absolute, percentage or weighted results. On the other side, the outcome of these different policies is much paradoxical as there are no differences when comparing recidivism rates among cantons, despite strong differences in the use of pre-trial detention and the sentencing with prison sanctions. The paradoxical outcome of crime policies in terms of recidivism - e.g. the absence of differences of the outcome based on sanctions in the domain of less severe delinquency - suggests the need for more empirically informed crime policies. The role of justice administrators could be to participate in the dissemination of those findings as well as the dissemination of best practices among cantons with regard to outcomes and the use of resources - especially with consideration to the use of the prison sanction as it is the most costly and the most inefficient of all sanctions. Furthermore, the observance of the principle of equality before the law would be most likely be promoted.

Les neurosciences au Tribunal : de la responsabilité à la dangerosité, enjeux éthiques soulevés par la nouvelle loi française

AIM: In the past few years, spectacular progress in neuroscience has led to the emergence of a new interdisciplinary field, the so-called "neurolaw" whose goal is to explore the effects of neuroscientific discoveries on legal proceedings and legal rules and standards. In the United States, a number of neuroscientific researches are designed specifically to explore legally relevant topics and a case-law has already been developed. In Europe, neuroscientific evidence is increasingly being used in criminal courtrooms, as part of psychiatric testimony, nourishing the debate about the legal implications of brain research in psychiatric-legal settings. Though largely debated, up to now the use of neuroscience in legal contexts had not specifically been regulated by any legislation. In 2011, with the new bioethics law, France has become the first country to admit by law the use of brain imaging in judicial expertise. According to the new law, brain imaging techniques can be used only for medical purposes, or scientific research, or in the context of judicial expertise. This study aims to give an overview of the current state of the neurolaw in the US and Europe, and to investigate the ethical issues raised by this new law and its potential impact on the rights and civil liberties of the offenders. METHOD: An overview of the emergence and development of "neurolaw" in the United States and Europe is given. Then, the new French law is examined in the light of the relevant debates in the French parliament. Consequently, we outline the current tendencies in Neurolaw literature to focus on assessments of responsibility, rather than dangerousness. This tendency is analysed notably in relation to the legal context relevant to criminal policies in France, where recent changes in the legislation and practice of forensic psychiatry show that dangerousness assessments have become paramount in the process of judicial decision. Finally, the potential interpretations of neuroscientific data introduced into psychiatric testimonies by judges are explored. RESULTS: The examination of parliamentary debates showed that the new French law allowing neuroimaging techniques in judicial expertise was introduced in the aim to provide a legal framework that would protect the subject against potential misuses of neuroscience. The underlying fear above all, was that this technology be used as a lie detector, or as a means to predict the subject's behaviour. However, the possibility of such misuse remains open. Contrary to the legislator's wish, the defendant is not fully guaranteed against uses of neuroimaging techniques in criminal courts that would go against their interests and rights. In fact, the examination of the recently adopted legislation in France shows that assessments of dangerousness and of risk of recidivism have become central elements of the criminal policy, which makes it possible, if not likely that neuroimaging techniques be used for the evaluation of the dangerousness of the defendant. This could entail risks for the latter, as judges could perceive neuroscientific data as hard evidence, more scientific and reliable than the soft data of traditional psychiatry. If such neuroscientific data are interpreted as signs of potential dangerousness of a subject rather than as signs of criminal responsibility, defendants may become subjected to longer penalties or measures aiming to ensure public safety in the detriment of their freedom. CONCLUSION: In the current context of accentuated societal need for security, the judge and the expert-psychiatrist are increasingly asked to evaluate the dangerousness of a subject, regardless of their responsibility. Influenced by this policy model, the judge might tend to use neuroscientific data introduced by an expert as signs of dangerousness. Such uses, especially when they subjugate an individual's interest to those of society, might entail serious threats to an individual's freedom and civil liberties.

Evaluation du risque de récidive dans les expertises pénales: quels outils? Quets indicateurs? Quelles pratiques [Risk assessment in forensic psychiatric reports: what kind assessment instrument? What indicator? What practical?].

Here we present results of studies conducted by the Research Unit of Legal Psychiatry and Psychology of Lausanne about risk assessment and protective factors in the evaluation of violence recidivism. It aims to help experts in considering the relevance and use of tools at their disposal. Particular attention is given to the significance of protective factors and impulsive dimensions, as to the inter-raters process that leads to the final deliberations.

Incendiaires et pyromanes [Arson and pyromania, update 2015].

While the fire constitutes a threat and provokes avoidance by the entire animal world, its control as lighting and maintenance is inseparable from the history of humankind. For 1% of the population that use is turned to harm, repeatedly and without objective reason, responding to the historical definition of pyromania. The profile of arsonists does not appear to be different from that of the general criminal population: alcohol abuse, nicotine, marijuana and antisocial personality do not make fire setters a special case. However positive fire experience lived in childhood, emotional avoidance and expertise in fire settings' control seems to be specific, as recidivism risk below that of the general criminal population.