On a side note with regarding to free will-- it doesn't matter too much, because it's the whole human system, not just criminals. Philosophies adopted, mores evolved, punishments meted out-- these would ALL be deterministic.
It's a nice little free pass for anyone who wants it, not just criminals-- "Well, if we hang him by his balls and slit his throat-- that's always what we were gonna do. So let's do it."
It's a nice little free pass for anyone who wants it, not just criminals-- "Well, if we hang him by his balls and slit his throat-- that's always what we were gonna do. So let's do it."