While these people arent equal and i can understand not treating them equal, since equity is defined as "unbiased fairness" im not sure why you wouldnt treat them with equity.
Equity here would mean that we consider what actually made these people criminals and if they had the same oppertunities and chances in life.. in other words, considering the nuance and context.
For example an equitable response might be "Yes you are a career criminal, you have in 20 other cases been violent in a bar and got arrested. However because you are a veteran who was drafted and forced to server in a war you didnt want to, and developed extreme PTSD we will be a little more understanding in our sentancing"
Since the person simply didnt have the same opportunity to be a healthy well functioning person society in this case would consider that and effect his sentencing accordingly. Thats what equity is.