Babies born to drug addicted mothers. We can say with near certainty these babies will grow up into socially maladjusted individuals and have a high propensity for criminal activity. We know their neural systems regulating behavioural control have been completely messed up due to in utero drug exposure. Now, are they to blame for this?
Let us reframe this a bit to get a more unbiased starting point.
Imagine a great basketball player who is in a car accident. After months of therapy he rejoins the team and cannot perform at all at the optimum level necessary to be of use to his team. Should the team keep him?
You see, the context decides the outcome.
The basketball player who was permanently injured cannot help the team win as a player. But, he can continue to be loved, valued, honored and such.
Now, lets readjust this scenario. Let us imagine that this same player is in an accident that damages his brain and causes him to be violent, unstable and ill-tempered. He did not choose this set of behaviors electively. But, the consequences of his actions post-accident must be dealt with.
Before the accident the player is one person and after the accident he is simply a different person.
The baby potentially was one person before exposure to drugs in utero and another afterward.
The actual baby born is no longer the potential baby. We deal with the person AS IS. Blame is not issue. The deeds are the reality.
In other words; Justice consists of dealing with results in terms of their cause and effects. Blame is an evaluation societally which tempers the consequences according to the volition of the one acting. IF you can choose X and yet you choose Y, then, you are responsible. If you cannot BUT CHOOSE Y, you are dealt with differently as far as blame. But, you may spend your life locked up anyway!