Journal of Neuroscience. Vol. 36, 9420-9434, 2016
15 Pages Posted: 9 Sep 2016 Last revised: 26 Jan 2017
Date Written: September 7, 2016
The evolved capacity for third-party punishment is considered crucial to the emergence and maintenance of elaborate human social organization and is central to the modern provision of fairness and justice within society. Although it is well established that the mental state of the offender and the severity of the harm he caused are the two primary predictors of punishment decisions, the precise cognitive and brain mechanisms by which these distinct components are evaluated and integrated into a punishment decision are poorly understood.
Using a brain-scanning technique known as functional magnetic resonance imaging (fMRI), we implemented a novel experimental design to functionally dissociate the mechanisms underlying evaluation, integration, and decision. This work revealed that multiple parts of the brain – some analytic, some subconscious or emotional – work in a systematic pattern to decide blameworthiness, assess harms, integrate those two decisions, and then ultimately select how a person should be punished. Specifically, harm and mental state evaluations are conducted in two different brain networks and then combined in the medial prefrontal and posterior cingulate areas of the brain, while the amygdala acts as a pivotal hub of the interaction between harm and mental state. This integrated information is then used by the right dorsolateral prefrontal cortex when the brain is making a decision on punishment amount.
These findings provide a blueprint of the brain mechanisms by which neutral third parties make punishment decisions.
Keywords: punishment, crime, neuroscience, mental state, harm, judges, decision making, sentencing, jurors, law and neuroscience, brain, brain imaging, brain scan, neuroimaging, functional magnetic resonance imaging, fMRI, behavioral biology, law and emotion, cognitive neuroscience, cognitive psychology
JEL Classification: K14
Suggested Citation: Suggested Citation
Ginther, Matthew R. and Bonnie, Richard J. and Hoffman, Morris B. and Shen, Francis X. and Simons, Kenneth W. and Jones, Owen D. and Marois, Rene, Parsing the Behavioral and Brain Mechanisms of Third-Party Punishment (September 7, 2016). Journal of Neuroscience. Vol. 36, 9420-9434, 2016; UC Irvine School of Law Research Paper No. 2016-50; Vanderbilt Law Research Paper No. 17-01. Available at SSRN: https://ssrn.com/abstract=2835717