A single example: the US justice system is based on retribution. People are condemned to prisons and sometimes death as a result of ultimately how they are wired and the circumstances they were in- there was no 'choice' made regarding whether or not to steal or kill, they were always going to do that, they never had any real 'control' over their actions. If anything criminality in any form should be considered a mental illness, but instead we gladly put people in tortuous conditions because we have wantonly decided that they are guilty, bad/evil, people.
This focuses on the "retribution/punishment" aspect of the penal system, but it's also important to remember that "deterrence" and "reform" are also important. Even if you feel people don't deserve to be punished for their crimes due to the crimes' inevitability, it's still important for repercussions to exist to create a society where it is less likely for people to commit those crimes (for fear of punishment), and where people who do commit crimes undergo a process that makes them less likely to do so in the future. (There are better ways than prison to reform people, of course, but not as many to deter people from committing crimes in the first place)
That just sounds like a one sided convenience for people fated to not be hurt by the system that doesn't harm them. Deterrence can be from not having to go through the rehabilitation system.
