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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 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
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RETRIBUTION IS REWARDING
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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
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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
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Design of the Dunedin Multidisciplinary Health and Development Study. Moffitt T E et al. PNAS 2011;108:2693-2698 ©2011 by National Academy of Sciences
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Self-control gradient. Moffitt T E et al. PNAS 2011;108:2693-2698 ©2011 by National Academy of Sciences
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HARE ET AL. STUDY
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HARE ET AL.
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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
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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?
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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#fig1 http://onlinelibrary.wiley.com/doi/10.1002/hbm.21415/full#fig1
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REDUCED VOLUME MFC/OFC
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Insensitive to whether or not agent acts freely Consistent with hard determinism CONSEQUENTIALIST PUNISHMENT
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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
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DISBELIEF IN FREE WILL REDUCES AGENCY
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