陪审员义务对心理健康的影响:现状与建议

IF 0.5 4区 医学 Q4 PSYCHIATRY Annales medico-psychologiques Pub Date : 2024-02-01 DOI:10.1016/j.amp.2023.05.010
Sarah-Salomé Durand , Sixtine Guillaud , Célia Marquilly , Elisa Vivien , Massil Benbouriche
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引用次数: 0

摘要

担任陪审员虽然是一项特殊任务,但对心理健康并非没有影响。事实上,在这项任务中,随机挑选的公民被要求对被控犯有罪行的人进行评判,决定他们是否有罪,必要时决定他们的刑期。因此,在法庭审判中,陪审员的声音与坐在一起的专业法官的声音一样重要。然而,陪审员的这一重大责任和必须履行的职责可能会给他们带来巨大的压力,尤其是当我们考虑到陪审员通常对司法系统的了解非常有限时。此外,接触各种类型的证据和严肃的事实也可能是一种考验。最后,陪审员必须履行的各种义务也会加重这一职责的难度,例如,由于程序受到制裁,陪审员不能与他人讨论案件,即使在作出判决之后,也必须尊重审议的保密性。由于所有这些原因,有时还由于个人原有的弱点,陪审员的经历可能会导致各种心理困难,而这些困难至今仍未得到充分考虑。雖 然 今 天 出 現 了 幾 種 形 式 的 照 顧 , 但 在 全 國 各 地 , 這 類 治 療 仍 然 各 有 不 同 , 並 且 不 公 平 。本文有多个目的。首先,它旨在列举陪审员义务对精神健康可能造成的影响,然后,对法国实际提供的护理进行盘点。最后,这份清单将引导我们分几个阶段对陪审员进行可能的干预,从而提供全面而普遍的支持。我们对法国和国际文献进行了综述,强调了陪审员义务对精神健康的主要影响以及护理系统的出现,尤其是在北美和法国。一些研究强调了陪审员职责对精神健康的影响,尤其是在压力、焦虑症和/或创伤后症状方面。虽然加拿大出现了一些支持系统,法国也逐渐建立了一些支持系统,但这些系统因地区而异,而且没有系统地提供。其中一些只侧重于审判后的支持,而另一些则还提供上游预防阶段。最后,在评估方面,这些干预措施的有效性仅通过参与者的满意度来估算,没有任何系统化或保证这些干预措施的真正有效性。考虑到文献中的现有数据和现有的各种支持系统,我们提出了一项关于为陪审员提供普遍支持系统的建议,以支持采用这种关爱方式。事 實 上 , 除 了 審 訊 後 的 干 預 措 施 外 , 在 實 際 審 訊 開 始 前 計 劃 一 個 審 訊 前 的 預 防 階 段 和 提 出 治 療 方 案 , 似 乎 也 很 重 要 。如果陪审员出现紧张和焦虑的迹象,这样做尤其能鼓励他们更乐意参加审后干预。最 後 , 似 乎 有 必 要 對 這 些 支 援 系 統 的 成 效 進 行 系 統 化 的 評 估 , 而 不 是 單 純 以 參 與 者 的 滿 意 程 度 來 評 估 。
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Les conséquences du rôle de juré d’assises sur la santé mentale : état des lieux et préconisations

Jury duty, as exceptional as it is, is not without consequences for mental health. Indeed, during this assignment, randomly selected citizens are called on to judge people accused of criminal acts, to decide on their guilt and, if necessary, on their sentence. Thus, in court trials, the juror's voice will count just as that of the professional judges who sit with them. However, this enormous responsibility and the imperative aspect of jury duty can cause significant stress, especially when we consider that very often, jurors only have a limited knowledge of the judicial system. Also, being exposed to various types of evidence and to serious facts can be trying. Finally, the various obligations jurors have to meet can accentuate the difficulty of this duty, for example, the fact that, because the procedure is subject to sanctions, the jurors cannot discuss the case with others and must respect the secrecy of deliberations, even after the judgment has been rendered. For all these reasons, and also sometimes because of pre-existing individual vulnerabilities, the jury duty experience can lead to a variety of psychological difficulties, difficulties that are still not sufficiently taken into account. Although several forms of care are emerging today, such treatments remain varied and unequally available throughout the country. This article has multiple purposes. First, it aims to enumerate the possible consequences of jury duty on mental health, then, to present an inventory of what is actually available in terms of care in France. Finally, this inventory leads us to the possible intervention in several stages which could be made available to jurors, thereby offering a comprehensive and generalized support. A review of French and international literature was carried out, highlighting the main consequences of jury duty on mental health and the emergence of care systems, particularly in North America and France. Several studies stress the impact of jury duty on mental health, particularly in terms of stress, anxiety disorder and/or post-traumatic symptomatology. While support systems have emerged particularly in Canada, some have also gradually begun to be put in place in France, but they differ from one area to another, and they are not systematically made available. Some of them focus exclusively on post-trial support, while others also offer an upstream prevention phase. Finally, in terms of evaluation, the effectiveness of those interventions is estimated only by the participant's satisfaction, without any systematization or assurance of the real effectiveness of these interventions. Considering the available data in the literature and the various existing support systems, a proposal for a system of generalized support to jurors has been put forth in order to argue in favor of the adoption of this type of care. Indeed, in addition to a post-trial intervention, it seems important to plan for a phase of pre-trial prevention and the presentation of a treatment protocol, before the actual trial begins. Particularly, this should encourage jurors to more willingly take part in the post-trial intervention should signs of stress and anxiety emerge. Finally, it appears necessary to systematize the evaluation of the effectiveness of those support systems other than simply in terms of the satisfaction of the participants.

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来源期刊
Annales medico-psychologiques
Annales medico-psychologiques 医学-精神病学
CiteScore
1.30
自引率
33.30%
发文量
196
审稿时长
4-8 weeks
期刊介绍: The Annales Médico-Psychologiques is a peer-reviewed medical journal covering the field of psychiatry. Articles are published in French or in English. The journal was established in 1843 and is published by Elsevier on behalf of the Société Médico-Psychologique. The journal publishes 10 times a year original articles covering biological, genetic, psychological, forensic and cultural issues relevant to the diagnosis and treatment of mental illness, as well as peer reviewed articles that have been presented and discussed during meetings of the Société Médico-Psychologique.To report on the major currents of thought of contemporary psychiatry, and to publish clinical and biological research of international standard, these are the aims of the Annales Médico-Psychologiques.
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