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 Retributive Theories of Punishment  eye to the satisfaction and psychological benefits it can bestow to the aggrieved party, its intimates and society.

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Presentation on theme: " Retributive Theories of Punishment  eye to the satisfaction and psychological benefits it can bestow to the aggrieved party, its intimates and society."— Presentation transcript:

1  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) THEORIES OF PUNISHMENT

2 RETRIBUTION IS REWARDING

3  We attribute mental states to perpetrator  Intention to harm etc  Retribution diminished when interacting with non- intentional objects  Is this a systematic illusion? THEORY OF MIND & PUNISHMENT

4  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?) HARD DETERMINISM AND CRIMINALITY

5 Design of the Dunedin Multidisciplinary Health and Development Study. Moffitt T E et al. PNAS 2011;108: ©2011 by National Academy of Sciences

6 Self-control gradient. Moffitt T E et al. PNAS 2011;108: ©2011 by National Academy of Sciences

7 HARE ET AL. STUDY

8 HARE ET AL.

9

10 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

11  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. ARE WHITE COLLAR CRIMINALS MORE RESPONSIBLE?

12 INCREASED EXECUTIVE FUNCTIONING, ATTENTION, AND CORTICAL THICKNESS IN WHITE ‐ COLLAR CRIMINALS Human Brain Mapping pages n/a-n/a, 17 OCT 2011 DOI: /hbm

13 REDUCED VOLUME MFC/OFC

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

15  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 STRATEGIC ROLE OF FREE WILL

16 DISBELIEF IN FREE WILL REDUCES AGENCY


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