THEORIES OF PUNISHMENT Retributive Theories of Punishment eye

THEORIES OF PUNISHMENT Retributive Theories of Punishment § eye to the satisfaction and psychological benefits it can bestow to the aggrieved party, its intimates and society § Let the punishment fit the crime § Relies on intuition that perpetrator gets what they deserve Consequentialist Theories of Punishment § Puinishment justified to the extent that it brings about certain outcomes (protect society, rehabilitation)

RETRIBUTION IS REWARDING

THEORY OF MIND & PUNISHMENT We attribute mental states to perpetrator § Intention to harm etc Retribution diminished when interacting with nonintentional objects Is this a systematic illusion?

HARD DETERMINISM AND CRIMINALITY One dimension of criminality: self-control Capacity to inhibit impulses, allow long-term goals and planning Instead of binary free will/no free will, is there a continuous dimension of responsibility (such as extent of self-control, intact frontal lobe function? )

Design of the Dunedin Multidisciplinary Health and Development Study. Moffitt T E et al.

Self-control gradient. Moffitt T E et al. PNAS 2011; 108: 2693 -2698 © 2011

HARE ET AL. STUDY

HARE ET AL.

SUCCESSFUL VS. UNSUCCESSFUL PSYCHOPATHY PCL-R Facet 1 glib/superficial, grandiose, lying, and conning/ manipulating; PCL-R Facet 4, poor behavior controls, early behavior problems, and criminal versatility

ARE WHITE COLLAR CRIMINALS MORE RESPONSIBLE? Given that there is a rationality to this kind of offending that requires careful calculations, we hypothesize that white-collar offenders have superior executive functioning and attentional functioning compared to controls, as well as enhanced brain cortical thickness, particularly in brain areas that play a role in decision-making, attention, and social perspective-taking and which could confer an advantage in their reaction and adaptation to organizations.

INCREASED EXECUTIVE FUNCTIONING, ATTENTION, AND CORTICAL THICKNESS IN WHITE‐COLLAR CRIMINALS Human Brain Mapping pages n/a-n/a, 17 OCT 2011 DOI: 10. 1002/hbm. 21415 http: //onlinelibrary. wiley. com/doi/10. 1002/hbm. 21415/full#fig 1

REDUCED VOLUME MFC/OFC

CONSEQUENTIALIST PUNISHMENT Insensitive to whether or not agent acts freely Consistent with hard determinism

STRATEGIC ROLE OF FREE WILL Goodenough: free will changes strategic interaction if perpetrator believes society believes he/she has free will, then believes he/she will be held accountable for actions

DISBELIEF IN FREE WILL REDUCES AGENCY