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I argue that strict liability crimes are unjust. In fact, I argue that strict liability
crimes are unconstitutional, as violating both substantive and procedural due process.
Much of our law, jurisprudence and legal system has been inherited from the medieval
Christian legal system. What then does theology have to say about intent?
Jesus of Nazareth was both Messiah and Prophet. As a Prophet he tried to bring
truth and reason to bear on society to make its laws more just. A major theme of Jesus’
ministry was that of “intent.” Jesus asserted that those with bad intent would do poorly
and those with good intent would do well. Jesus asserted that to some degree we could
be judged by our thoughts, or intent. It is clear then that Jesus asserted that, as a
general rule, people could only be help responsible for the acts that they intended. So, for
example, if Joe was given a “micky” in his drink of a hallucinogenic drug which
prevented Joe from forming intent, then Joe could not be held responsible for any crime
Intent, then, should be an element for every crime that can be charged.