I suppose there is no way to argue with that.
However, if the changing of the incentives
does produce a change in the results (via a physical change in neurochemistry or what have you), then I think it is reasonably safe to keep the justice system in place, determinism or no. Whew! Of course, now comes the argument that it was the change in neurochemistry in individuals in society caused by the acts of offenders that led to the laws that changed the incentives that changed the.........BLAH,BLAH,BLAH. So, I declare, if the criminals can't help being criminals because they were predestined to do it, then I can't help punishing them because I am predestined to do that. So there!
I think this philosophy is self-limiting in practice, though. If it were applied and people were suddenly not to be held accountable for their actions, anarchy would ensue. Everyone could do whatever they wanted to anyone else and not only do they have a built in justification, they have completely eliminated the need for justification itself. People just
will not put up with that kind of environment. They will band together to enforce some kind of order and take punitive measures to do it, thus reestablishing society and a justice system.