1. Introduction
In 2022, Portugal had a total of 12.383 convicted individuals, out of which 9.913 were serving prison sentences. Crimes against people accounted for the highest number of convictions resulting in imprisonment, with 3.063 people, followed by crimes against property with 2.394 people (
Direção Geral de Reinserção e Serviços Prisionais, 2022a,
2022b). According to data from the Organization for Economic Cooperation and Development (
Organização para a Cooperação e Desenvolvimento Económico, 2020), as of May 2020, Portugal ranked 15th in terms of imprisonment rates. The country had 124 imprisoned individuals per 100.000 inhabitants.
Crime represents not only a threat to security but also imposes a substantial financial burden on society across various dimensions, including social, economic, legal, and political aspects (
Cruz et al., 2020). Specifically, it incurs significant costs for funding prisons, law enforcement, and security systems (
Burgess, 2020). Globally, the prison population has surpassed 10 million, with an approximate 20% increase since the year 2000. This rise could be attributed to criminal recidivism (
Balafoutas et al., 2020), which ranges from 35% to 67% in several countries (
Meijers et al., 2015). Although defining what constitutes criminal recidivism poses certain difficulties, it can generally be understood as a relapse into criminal behavior that may result in a new conviction and/or imprisonment. Contrary to the recorded global crime rates, it seems that the rate of criminal recidivism has not decreased in recent years (
Fazel & Wolf, 2015).
The concept of crime can be defined as “the intentional practice of an act considered socially harmful or dangerous and specifically defined, prohibited, and punishable under criminal law” (
Thomas et al., 2020, p. 1). Criminal behavior is a complex phenomenon, both in a social and clinical context and presents a constant challenge in society. It requires an integrative and multidisciplinary approach based on the heterogeneity of criminal acts and individual’ behavior (
Broomhall, 2005;
Cruz et al., 2020;
Reddy et al., 2018;
Sullivan, 2019). Factors such as emotional stress, low socioeconomic status, educational and cultural background, peer groups, living in socially disadvantaged contexts, substance use, physical and sexual abuse, prenatal complications, parental dynamics, genetic predisposition, and brain damage can serve as predictors of aggressive and violent behavior (
Braga et al., 2017;
Broomhall, 2005;
Brower & Price, 2001;
Cruz et al., 2020;
Derzon, 2010;
Stanley & Goddard, 2004).
Antisocial behavior is analyzed based on clinical and legal concepts. The clinical perspective involves the use of diagnostic criteria defined in the DSM-5 (
American Psychiatric Association, 2014), which categorizes the behavior under personality disorders. The overall manifestation of this disorder includes contempt and violation of others’ rights, irresponsible behavior, lack of respect for others, inappropriate behavior that is difficult to control, and an inability to conform and adapt to social norms. Typically, it begins in childhood and persists into adulthood (
American Psychiatric Association, 2014;
Morgan & Lilienfeld, 2000;
Ogilvie et al., 2011). On the other hand, the legal perspective examines criminality and delinquency as unlawful actions that may result in imprisonment (
Morgan & Lilienfeld, 2000;
Ogilvie et al., 2011).
Executive functions which comprise a set of higher-order cognitive functioning seem to play a major role in engaging in antisocial, aggressive, and/or violent behavior (
Altikriti, 2020;
Griffith et al., 2024;
Morgan & Lilienfeld, 2000;
Ogilvie et al., 2011). Executive dysfunction, commonly associated with damage to the frontal lobes, is characterized by maladaptive and inappropriate behavior, along with personality changes (
Griffith et al., 2024;
Morgan & Lilienfeld, 2000;
Ogilvie et al., 2011). It is also associated with committing aggressive acts (
Altikriti, 2020;
Griffith et al., 2024;
Morgan & Lilienfeld, 2000;
Ogilvie et al., 2011;
Seruca & Silva, 2016;
Shumlich et al., 2019).
Executive functioning has been associated with the frontal lobes, specifically the pre-frontal and subcortical areas. These regions are involved in regulating behavior through processes such as planning, self-monitoring, problem-solving, response inhibition, strategy development and implementation, and working memory (
Ardila, 2013;
Márquez et al., 2013). These cognitive processes contribute to the resolution of complex problems and are influenced by both external and internal factors (
Tirapu-Ustárroz et al., 2012;
Verdejo & Bechara, 2010).
An important factor in individuals with violent and aggressive behavior is their ability (or inability) to make decisions, often guided by impulsivity and, consequently, leading to less appropriate or disadvantageous choices (
Kuin et al., 2019;
Yechiam et al., 2008). There is evidence that the tendency to take greater risks in decision-making is positively related to aggressive and impulsive behaviors, particularly in emotionally activating situations (
Kuin et al., 2019;
Yechiam et al., 2008). This phenomenon can be explained by the somatic marker hypothesis (
Bechara, 2005), which proposes that decision-making can be based on long-term outcomes using cognitive and emotional processes. According to the author, the ability to make decisions depends on neuronal substrates that regulate homeostasis, emotions, and feelings. The ventromedial pre-frontal cortex and the amygdala are involved in this process, triggering somatic states (i.e., a collection of stored affective and emotional responses that influence actions and decisions). The amygdala responds to environmental events, while the ventromedial pre-frontal cortex does so through memories, knowledge, and cognition. The result, whether positive or negative, depends on the decision based on the immediate and future perspectives of an option, which can trigger various affective responses (
Bechara, 2005).
Although executive functions operate together in a coordinated system, they can be distinguished between purely cognitive processes (i.e., cold), which are associated with non-affective and abstract situations, and more intuitive processes linked to situations with emotional and affective meaning (i.e., hot) (
Zelazo & Carlson, 2012). From a neuroanatomical point of view, cold processes are associated with the lateral pre-frontal cortex, while hot processes are associated with the orbitofrontal cortex (
Zelazo & Carlson, 2012). Cold executive functions tend to involve inhibitory control, working memory, cognitive flexibility, planning, and attentional processes (
De Brito et al., 2013). Hot executive functions, on the other hand, include delayed gratification and affective decision-making (
De Brito et al., 2013;
Kuin et al., 2019;
Tsermentseli & Poland, 2016). Additionally, the literature shows that individuals with lesions in the orbitofrontal cortex generally exhibit deficits in measures that assess hot executive functions (e.g., Iowa Gambling Task), but their performance is not compromised in measures that assess cold executive functions (e.g., Wisconsin Card Sorting Test) (
Zelazo & Carlson, 2012).
Taking this approach to executive functions into account has important implications for the research violent and aggressive behavior, it presents a more nuanced neuroanatomical and neuropsychological conceptualization of these functions (see
Figure 1) responsible for directing behavior, assisting in decision-making, and inhibiting inappropriate responses or actions (
Griffith et al., 2024;
Ogilvie et al., 2011). Although the relationship between executive functions and crime is well established (as deficits in brain functioning, particularly in the frontal and pre-frontal regions, are associated with violent and criminal behavior (e.g.,
Kuin et al., 2019;
Reddy et al., 2018) or the impact of prison duration on increasing or accentuating executive deficits (e.g.,
Ligthart et al., 2019;
Meijers et al., 2015), less is known from the association between hot and cold executive functions and distinct criminal behaviors and recidivism.
Generally, individuals with violent and aggressive behavior are characterized by immaturity and impulsivity and executive deficits contribute to difficulties in regulating and controlling behavior (
Miyake et al., 2000;
Reddy et al., 2018). They tend to have deficits in social and cognitive skills, such as problem-solving ability, effectively interpreting social cues, flexibility in adapting to norms, empathetic behavior towards others, poor judgment in situations, difficulties in planning and decision-making, and difficulties in inhibiting inappropriate responses (
Bergeron & Valliant, 2001;
Chandler, 1973;
Slaby & Guerra, 1988), which suggests a possible impairment in hot executive functions. When evaluated, they tend to score lower on tests of executive processes, particularly those assessing inhibitory control (
Cruz et al., 2020;
Hancock et al., 2010;
Meijers et al., 2017;
Wallinius et al., 2019). Nevertheless, decision-making requires both subcomponents (hot and cold) to work together since a useful way of solving a hot, affective driven problem might be by its reconceptualization into a more neutral, cognitive, and relatively abstract approach (
Zelazo & Cunningham, 2007).
Furthermore, the literature shows a relationship between executive dysfunctions and manifestations of criminal behavior, such as recidivism. Although it remains unclear whether executive deficits are more severe in repeat offenders (e.g.,
Seruca & Silva, 2015),
Ross and Hoaken (
2011), for example, demonstrated that recidivist individuals show lower performance in executive measures compared to first time inmates.
Meijers et al. (
2015) stated that executive dysfunction, along with difficulty in self-regulation, can lead to an increased rate of recidivism. Therefore, the question arises as to whether executive dysfunctions are the direct cause of repeated criminal behavior over time or whether the prison environment also contributes to an exacerbation of these deficits and, consequently, a greater risk of recidivism (
Meijers et al., 2018).
Based on the relationship between executive functions and criminal behavior, this study aims to evaluate and characterize the executive functioning of a group of inmates sentenced for different types of crime. Specifically, it seeks to understand the influence of incarceration through the length of imprisonment variable on neurocognitive functioning and decision making through measures assessing hot executive functions (performance on the Iowa Gambling Task) and cold executive functions (performance on the Wisconsin Card Sorting Test and digit span of the Wechsler Adult Intelligence Scale). In sum, the present study aimed to move beyond traditional conceptualizations of executive functions by examining whether performance in ‘cold’ and ‘hot’ subcomponents was associated with legal variables. Given the exploratory nature of the study, the following research question was raised: Is performance on measures of hot and cold executive functions related to length of imprisonment among incarcerated individuals?
4. Discussion
This study aimed to evaluate and characterize the performance of imprisoned individuals on hot and cold executive tasks. To explore whether the prison environment impacts executive functions (
Meijers et al., 2018) we have chosen to study the effect of the length of imprisonment duration in the domains of executive functioning. Our research question was as follows: Is performance on measures of hot and cold executive functions related to length of imprisonment among incarcerated individuals?
Executive dysfunction is considered one of the main predictors of criminal behavior. Generally, individuals in a situation of seclusion demonstrate deficits in cognitive (e.g.,
Lima Pereira et al., 2023), social, and emotional skills (
Altikriti, 2020;
Ogilvie et al., 2011) and executive functioning (
Cruz et al., 2020;
Griffith et al., 2024;
Ligthart et al., 2019;
Meijers et al., 2015;
Seruca & Silva, 2016). This pattern of deficits has been previously associated with the severity of criminal behavior (
Chaguendo-Quintero et al., 2023;
Meijers et al., 2017;
Ross & Hoaken, 2011;
Valliant et al., 2003) and the pattern of aggression exhibited (
Choy et al., 2024;
Cruz et al., 2020).
To explore whether the prison environment impacts executive functions (
Meijers et al., 2018) we have chosen to study the effect of the length of imprisonment in executive functions (hot and cold components of executive functions).
The results from global cognitive functioning are in accordance with the cut-off value of the validation study in a sample of Portuguese prisoners (see
Lima Pereira et al., 2023). As for executive functions performance, the results did not suggest marked impairments in individuals in prison; nevertheless, the sample size and the absence of normative data for prison samples impede the generalization of current data.
Previous studies have found that offenders who perpetrate violent crimes or repeat offenders tend to have greater difficulties at the level of executive functions, given their greater cognitive rigidity (
Chaguendo-Quintero et al., 2023;
Griffith et al., 2024); this is because they may have greater difficulties in terms of learning new behavioral rules, as well as in the use of external references, to plan, monitor, regulate and adapt their behavior to new situations (
Barbosa & Monteiro, 2008;
Chaguendo-Quintero et al., 2023). In our study, we have found a similar pattern on the measure of frontal screening (FAB) and the Digit Span task for individuals with longer imprisonment times. This suggests that individuals with longer periods of imprisonment may show greater executive deficits, specifically in working memory (Digital Span) and sensitivity to interference (FAB—Conflicting Instructions) because of the prison environment characterized as impoverished and sedentary (
Meijers et al., 2015).
Both working memory and sensitivity to inference are important executive functions for monitoring and modifying behaviors. Working memory concerns the ability to temporarily store and process relevant information during the execution of a task (
Funahashi, 2001). Therefore, it enables the resolution of problems and the directing of behaviors towards certain objectives, through access to previously acquired learning and the acquisition of new ones (
Funahashi, 2001).
Nevertheless, the small sample size limits the generalizability of these conclusions. Also, the results found for working memory need to be confirmed in other more demanding tasks as n-back tasks or the Corsi Blocks, as they simultaneously require the updating domain of executive functions (i.e., ability to maintain and manipulate information;
Gajewski et al., 2018;
Miyake et al., 2000).
Despite these findings for the Digit Span and FAB, no effects were found in the WCST, which is intriguing and contrary to the literature on the WCST results in offender samples (for a review see
Burgess, 2020). The WCST is a measure of set-shifting, a domain of executive functions (
Diamond, 2013) that relates to mental flexibility. According to
Funahashi (
2001), the ability to shift attention to a given stimulus and keep it in working memory is necessary to perform the WCST test, and this ability may be related to the inhibition of behavioral responses to inappropriate stimuli. It is possible that the working memory and sensitivity to interference functions assessed by these tests (for instance, performance in the FAB may be more related with basic motor inhibition) are different from the demands of the WCST that is more complex and taps other functions, such as planning. It is possible that the deficits of the inmate population were mostly captured by verbal fluency instead of the performance in the set-shifting measures of cognitive flexibility as the WCST.
The prison context can lead to an accelerated, and more severe, decline in cognitive abilities in individuals (
Novisky et al., 2025), even proposing a greater risk of developing neurodegenerative diseases such as dementia. This is because it is a context considered to promote a sedentary lifestyle, with little social interaction and low cognitive stimulation (
Combalbert & Pennequin, 2020;
Meijers et al., 2017;
Verhülsdonk et al., 2021). For example, the literature has shown that brain processes involved in self-regulation (i.e., self-control and planning) and attention are reduced after three months of confinement, suggesting that this difficulty may lead to a higher risk of recidivism (
Ligthart et al., 2019;
Meijers et al., 2018).
We have used the length of the imprisonment period to study whether staying in a prison context would impact executive functions (hot component). The results from the IGT revealed no learning evidence through the Net scores, while disadvantageous decks (Deck B) were the most chosen deck type. However, no effects of sentence length were found, evidencing that this result from the IGT was true for the whole sample without a group effect. We explored these results considering the type of crime group. The results were consistent in all the variables analyzed in the IGT in relation to the subgroup of individuals considered violent, indicating a greater tendency to choose disadvantageous decks and, consequently, a more significant risk in decision-making. These results although exploratory are aligned with previous studies (for a review see
Umbach et al., 2019). For example, in a systematic review of impulsive control among individuals in seclusion, there was a pronounced deficit in the control of impulsivity in decision-making, particularly in individuals considered violent, exhibiting greater difficulties in delaying gratification and in the ability to inhibit inappropriate and impulsive responses. Moreover, these difficulties can also be predictors of criminal recidivism (
Vedelago et al., 2019). Hence, even though deck choices can either be associated with working memory deficits, lack of comprehension of instructions, attention to the frequency or proportion of advantage (reward) and disadvantage (punishment) decks, or immediate gratification (
Umbach et al., 2019) from our analysis we can only propose possible explanations that need to be tested in future research. Other factors might compromise decision-making, such as substance use which was tested but revealed no effects.
As for the limitations, the main was the sampling method along with the small sample size (it was not included an a priori sample size or power calculation since the study had an exploratory design). Being a convenience sample and collected from one site, it limits the generalizability of our results. Given the exploratory nature of the study, we relied also in effect sizes to better support the conclusions drawn from these results. On the other hand, the role of mediators/moderators was not completely controlled in our analysis as this would require a large sample size.
Another issue pertains to the adoption of comparison data from validation studies conducted in community samples. We recognize it as a potential weakness, that opens the possibility for future studies on the forensic validation of those measures.
In future studies, it would be important to use measures that allow evaluating and controlling the impact of intelligence on cognitive decline, since one of the factors that can also explain lower performance in complex neuropsychological tasks is intelligence (
Griffith et al., 2024;
Ross & Hoaken, 2011). Alongside, the use of a more comprehensive battery of tests (CANTAB), with more ecologic validity (e.g., BADS), at the same time with complementary tests of brain functioning (e.g., Raven’s Matrices or The Test of Non-Verbal Intelligence) or premorbid intelligence (e.g., NART), would be recommended. Also, numerous other factors can contribute to executive impairment, such as substance use or mental disorders (
Combalbert & Pennequin, 2020;
Griffith et al., 2024;
Jansen & Franse, 2024;
Meijers et al., 2017;
Ross & Hoaken, 2011;
Tuominen et al., 2017;
Verhülsdonk et al., 2021) that should be accounted and analyzed in future studies. Moreover, it would be important to understand the predominant pattern of aggressiveness in the sample (e.g.,
Choy et al., 2024), whether it is a reactive type of aggression that is manifested by impulsivity, or an instrumental type of aggression that is characterized by premeditated and planned behaviors, considering that the two demonstrate distinct associations with different cognitive deficits and crime severity (
Broomhall, 2005;
Choy et al., 2024;
Cruz et al., 2020). Finally, the exploratory nature of the current study impedes the generalization of the results for all prison populations. Nevertheless, understanding the cognitive functioning of individuals in prison, specifically the deficits they present, is vital for their monitoring and rehabilitation (e.g., cognitive behavioral techniques or cognitive remediation techniques based on the Risk-Needs-responsivity model;
Griffith et al., 2024), especially in cases of criminal recidivism (
Ross & Hoaken, 2011). Moreover, this analysis must include an integrative and multidisciplinary approach in a large, multisite sample, as several factors contribute to cognitive and executive impairment and the involvement of these individuals with the justice system (
Griffith et al., 2024;
Sullivan, 2019).