Well, for most of my games, the deities don't enter into it at all. Alignment is a (meta)physical attribute of a sentient creature, that arises from the creature's interactions with the Universe and the other creatures in it. Deities may make decisions based on that property. But alignment is not determined by a sentient mind within the game.
This, of course, shifts the burden of "judgement" to the universe rather than the deities, of course. But it matters a bit when we talk about repercussions.
What I reject is your assertion that the DM cannot know intent. Last time I checked, the game implicitly assumed that both of them were capable of some form of communication. So, the DM can simply ask about the player's intent. And if the player is going to lie about that, I probably don't want him in my game anyway.
This, of course, shifts the burden of "judgement" to the universe rather than the deities, of course. But it matters a bit when we talk about repercussions.
What I reject is your assertion that the DM cannot know intent. Last time I checked, the game implicitly assumed that both of them were capable of some form of communication. So, the DM can simply ask about the player's intent. And if the player is going to lie about that, I probably don't want him in my game anyway.