It should be completely irrelevant whether something is outside of one's control. The persecution of someone for something arbitrary is the morally wrong thing here.
And choice doesn't really exist, which is why I find that requirement so distasteful. I didn't really choose to have my political views. I didn't choose to like the color green. It's the culmination of my genetics, life experiences and so on and that's just how I turned out.
I agree with you about free will, but we still run society as if it exists. If that's the argument we're going with then we literally shouldn't punish anyone for anything.
Free will isn't required for a justification for law enforcement.
Deterrence, rehabilitation and other reasons still apply with or without free will.
All that changes is the mindset. You're no longer a perpetrator with agency. You're a broken machine and we need to fix you or isolate you from society so you don't do more damage.
And choice doesn't really exist, which is why I find that requirement so distasteful. I didn't really choose to have my political views. I didn't choose to like the color green. It's the culmination of my genetics, life experiences and so on and that's just how I turned out.