I think saying that non-mammals lack a neocortex is just slightly misleading, though technically correct. Especially because you’ve said that you believe that a neocortex is required for “real intelligence,” whatever exactly that means. I think that “real intelligence” may actually be achievable in different ways too, not just with the exact same method that a neocortex does. There is plenty of variation in how the neocortex works when you look across different mammals, and so as more animals are studied, I believe it will likely blur the line between cortical and non-cortical brains.
For example, birds do not have a neocortex, but they do have areas like the nidopallium, which seem to serve a similar role. Saying that they are not really intelligent seems very absurd when you look at what they can do with their relatively small brains.. I remember reading a few years ago that the main nuclei in the nidopallium are interconnected in a similar way to layers 3, 4, and 5 of the cortex. I’ll have to see if I can find a source again to back that up though.
The way I see it, I think a lot of non-mammals probably do have similar circuits in their brain, but what differs between mammals and non-mammals is the way the circuits are organized. In mammals, the cortex is structured in layers, while in non-mammals it’s structured in nuclei (though I think I remember hearing that layered structures exist in some non-mammals too). If you think about it, a nuclei-based brain is going to be more neuron-dense than one based on laminae. That’s why a raven can have as many as 2 billion neurons in such a small brain.
The issue is scalability. If we assume that their brains follow similar organizational principles to a neocortex, we see a big drawback to nuclei; the square-cube law. If we assume that every pyramidal neuron (or whatever the analogue is in non-mammals) needs to send an axon to a neighboring region, then we run into an issue. If we double the radius of a nuclei (assuming a perfect sphere), the number of neurons (and consequentially the number of efferent axons) increases by a factor of 8, but the amount of surface area we have to fit all the axons only increases by a factor of 4. This means that we can fit a huge number of neurons into a small space, but we run into issues when we try to make very large brains.
Compare that to laminae; if scale a layer of neurons up, you probably won’t be increasing the thickness in most cases. So, you only double the length and width of the layer, meaning that the neuron/axon count scales by a factor of 4, and so does the area to fit all those axons. The only scalability problem is just finding enough space inside the skull to fit everything. That might explain why so many animals with comparable numbers of neurons to humans tend to be very large. Elephants have around ~6 billion neocortical neurons, gorillas have ~9 billion, and dolphins seem to range between 6 and 37 billion depending on the species (the long finned pilot whale was recently found to have more neocortical neurons than humans, as one of minou’s sources mention).