This just rehashes an old (and fallacious) argument under the guise of neuroscience. Bobert Blatchford tried to push the same view 100 years ago (see his article "Defense of the Bottom Dog"). He didn't convince many, though. There are some puzzles about the concept of "deserved punishment" (what do we say in cases of brain tumors?? omg!), but it isn't clear that we can reconceive of criminal justice on the model of putting someone in quarantine (where we don't blame them, but force them into a room for public safety; we also give them goodies to compensate for how we treat them..)