The use of strict liability in American and English criminal law is influenced by concerns about proving intent, especially when evidence is circumstantial. Courts and legislatures believe juries may struggle to infer culpability from such evidence, leading to the use of strict liability offenses. In American law, adversarial criminal procedure, prosecutorial discretion, and the jury are seen as safeguards against unjust punishment. While juries may struggle with determining intent, they are trusted to prevent convictions of the non-culpable through their common sense or political judgments.