I will reply to the rest of it later, as I have some work to do, but this stood out like a sore thumb:

I think it's a huge mistake to claim that intent is what makes something cruel. That's silly.
Intent is, and always has been, utterly irrelevant. We do not live in a world where 'thought crimes' are valid.
Intent has never been irrelevant. It is the difference between manslaughter and first degree murder.