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Not really sure what you have been reading that wouldn‘t provide a compelling argument here. For starters I think you missed a handful of points about what diminished responsibility necessarily implies and how that concept functions within jurisprudence. Once that’s out of the way the penology crowd and the huge amount of literature on the morality of punishment have pretty much covered everything on this topic (your question ends up being a pretty minute surface concern in all honesty). I mean why not just read Bentham – there has not been a more comprehensive or detailed understanding on the topic of punishment before or since that lovable now oddly embalmed gentleman. Past him, Kant and Hegel pretty much put this one away in their own right; Groundwork and Philosophy of the Right, respectively. More modern guys might be H.L.A. Hart, Language, Collectivism & Valorization
An essential aspect of cognition is to have the necessary language through which to express one’s thoughts; for without the requisite terms our thoughts are suppressed by basic human cognitive limitations. For instance, most people can keep at most between 3-7 things simultaneously in their conscious short term memory at once.

Let us conjecture that higher order thoughts that are constructed directly through reasoning typically involve successive relations of no more than 3 to 7 objects of thought. Further each new constructed object of thought must be sufficiently reinforced to be retained in memory. Without such reinforcement the foundations of these higher order thoughts crumble thereby leaving us categories that lose sight of their foundations.
and not even all of Punishment and Responsibility mind you, just a few sections from that! Rawls has whatever that bizarre piece on rules was where he tries his best to bail out utilitarianism. Oh and maybe Nozick’s Philosophical Explanations; perhaps the section where he gets wet and wild with retributive justice theory.

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