Neural circuits in the brain that are activated when mitigating criminal sentences

Makiko Yamada, Colin F. Camerer, Saori Fujie, Motoichiro Kato, Tetsuya Matsuda, Harumasa Takano, Hiroshi Ito, Tetsuya Suhara, Hidehiko Takahashi

Research output: Contribution to journalArticle

26 Citations (Scopus)

Abstract

In sentencing guilty defendants, jurors and judges weigh 'mitigating circumstances', which create sympathy for a defendant. Here we use functional magnetic resonance imaging to measure neural activity in ordinary citizens who are potential jurors, as they decide on mitigation of punishment for murder. We found that sympathy activated regions associated with mentalising and moral conflict (dorsomedial prefrontal cortex, precuneus and temporo-parietal junction). Sentencing also activated precuneus and anterior cingulate cortex, suggesting that mitigation is based on negative affective responses to murder, sympathy for mitigating circumstances and cognitive control to choose numerical punishments. Individual differences on the inclination to mitigate, the sentence reduction per unit of judged sympathy, correlated with activity in the right middle insula, an area known to represent interoception of visceral states. These results could help the legal system understand how potential jurors actually decide, and contribute to growing knowledge about whether emotion and cognition are integrated sensibly in difficult judgments.

Original languageEnglish
Article number759
JournalNature communications
Volume3
DOIs
Publication statusPublished - 2012

ASJC Scopus subject areas

  • Chemistry(all)
  • Biochemistry, Genetics and Molecular Biology(all)
  • Physics and Astronomy(all)

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    Yamada, M., Camerer, C. F., Fujie, S., Kato, M., Matsuda, T., Takano, H., Ito, H., Suhara, T., & Takahashi, H. (2012). Neural circuits in the brain that are activated when mitigating criminal sentences. Nature communications, 3, [759]. https://doi.org/10.1038/ncomms1757