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UnlabelledThe 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 fMRI, here we implement a novel experimental design to functionally dissociate the mechanisms underlying evaluation, integration, and decision that were conflated in previous studies of third-party punishment. Behaviorally, the punishment decision is primarily defined by a superadditive interaction between harm and mental state, with subjects weighing the interaction factor more than the single factors of harm and mental state. On a neural level, evaluation of harms engaged brain areas associated with affective and somatosensory processing, whereas mental state evaluation primarily recruited circuitry involved in mentalization. Harm and mental state evaluations are integrated in medial prefrontal and posterior cingulate structures, with the amygdala acting as a pivotal hub of the interaction between harm and mental state. This integrated information is used by the right dorsolateral prefrontal cortex at the time of the decision to assign an appropriate punishment through a distributed coding system. Together, these findings provide a blueprint of the brain mechanisms by which neutral third parties render punishment decisions.Significance statementPunishment undergirds large-scale cooperation and helps dispense criminal justice. Yet it is currently unknown precisely how people assess the mental states of offenders, evaluate the harms they caused, and integrate those two components into a single punishment decision. Using a new design, we isolated these three processes, identifying the distinct brain systems and activities that enable each. Additional findings suggest that the amygdala plays a crucial role in mediating the interaction of mental state and harm information, whereas the dorsolateral prefrontal cortex plays a crucial, final-stage role, both in integrating mental state and harm information and in selecting a suitable punishment amount. These findings deepen our understanding of how punishment decisions are made, which may someday help to improve them.

INTRODUCTION 243 I. EXPLORING MENTAL STATE ATTRIBUTION 245 II. THE SIX EXPERIMENTS 254 A. Experiment 1: Attributing Mental States Using 254 MPC Definitions B. Experiment 2: Subjects' Unguided Moral Intuitions [...], A central tenet of Anglo-American penal law is that in order for an actor to be found criminally liable, a proscribed act must be accompanied by a guilty mind. While it is easy to understand the importance of this principle in theory, in practice it requires jurors and judges to decide what a person was thinking months or years earlier at the time of the alleged offense, either about the results of his conduct or about some elemental fact (such as whether the briefcase he is carrying contains drugs). Despite the central importance of this task in the administration of criminal justice, there has been very little research investigating how people go about making these decisions, and how these decisions relate to their intuitions about culpability. Understanding the cognitive mechanisms that govern this task is important for the law, not only to explore the possibility of systemic biases and errors in attributions of culpability but also to probe the intuitions that underlie them. In a set of six exploratory studies reported here, we examine the way in which individuals infer others' legally relevant mental states about elemental facts, using the framework established over fifty years ago by the Model Penal Code ("MPC"). The widely adopted MPC framework delineates and defines the four now-familiar culpable mental states: purpose, knowledge, recklessness, and negligence. Our studies reveal that with little to no training, jury-eligible Americans can apply the MPC framework in a manner that is largely congruent with the basic assumptions of the MPC's mental state hierarchy. However, our results also indicate that subjects' intuitions about the level of culpability warranting criminal punishment diverge significantly from prevailing legal practice; subjects tend to regard recklessness as a sufficient basis for punishment under circumstances where the legislatures and courts tend to require knowledge.

This Article empirically tests two key questions. First: How sensitive are jurors to variations in the language that delineates the criminal mental state categories? Second: To what extent do jurors [...]

Recent theoretical models of hippocampal function suggest that the hippocampus plays a critical role in the memory for the overlapping sequences of events that comprise episodic memory. Consistent with this idea, the firing of hippocampal "place cells" have been shown to represent not only location, but also the context or episode in which the location occurs. Thus, hippocampal neurons fire differently in the same location depending on the particular journey or sequence of places in which the subject is traveling. Further, recent work in rats has shown that hippocampal lesions impair memory for sequences of odors and the ability to disambiguate overlapping sequences of odors. We therefore recorded the activity of hippocampal complex-spike cells during a disambiguation of odor sequences task in which the two sequences shared three common odors. Consistent with data from spatial memory tasks, we found that 26 of 44 complex-spike cells fired differentially in the periods before, or during the presentation of the ambiguous odors depending on the sequence in which the odors were presented. This finding further supports the idea that the hippocampus is critical for episodic memory, and extends the physiological evidence to suggest that the hippocampal neurons play a broader role representing sequences of both spatial and nonspatial information. [ABSTRACT FROM AUTHOR]