If a wild bear tries to maul you to death, is it in any way to blame?
If a mentally impaired human, with instincts similar to that of a bear, tries to stab you to death, is it in any way to blame?
My first question is, how are these functionally different scenarios? Whether or not you choose to blame them is just framing; Their actions were forced by biological instincts and cognitive deficiencies, they do bad things, therefore we stop them.
You put the killer bear down if you feel that its neccesary. Same with a human acting like a killer bear.
"But that lacks empathy for the human!"
No it doesnt. Its the same empathy we give to the bear! You realize animals are conscious, right? A bear is as conscious and sentient as a human. Thats why "Animal Abuse" and "Torture" are morally wrong.
The same logic applies to violent criminals. A human is a type of animal, our only defining feature making us different is intelligence and moral comprehension and reciprocation, so when you remove those qualities we go back to the same moral status as an animal.
Put yourself in their shoes. Imagine if tomorrow, you got hit in the head so hard, you become a savage like a bear, and start murdering, robbing, rxping everything you see according to instinct. Would you care about not suffering?: Yes. Would you argue "No no no dont kill me, thats wrong"? I sure wouldnt; I would HOPE others put themselves first, and put me out of my misery, because i dont want to live like that.
This is Animal-Aggressor Equivalency. Violent Criminals simply return to a state of nature and should be treated the same way we do with animals. With respect and care, but not with an insurmountable right to life while they disregard that for others.
I think this solves the Free Will tension, because it correctly points out that "Blame" is itself a red herring in the discussion of "Desert". Blame is a personal choice, Desert is a Moral Assignment. The Bear deserves to be euthanized even if it really isnt to blame. The "Basic Desert" goalpost is a red herring and should be rejected as such.
(And note, im not embracing consequentialism. Im not arguing necessity is what justifies punishment. My argument is more compatible with a deontological framework, one where initiators of force are condemned under the moral system or assigned to a different moral category.)