Well, for one, you can legally obtain much more detailed information on a person from any background check application currently available. So, it's arguable this has really increased the likelihood of a future crime.
"In criminal law, strict liability is liability for which mens rea (Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus (Latin for "guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense."
Proving recklessness is harder than you think.
If data is leak because someone within a company with the appropriate level of access decides to sell out to the dark web, all the security in the world won't protect you. Should the CEO go to jail because an employee turned on the company?
Heartbleed - you could have had 100 security professional on your team, and you still would have been vulnerable. Should every CEO on the planet go to jail?
Security persons do make mistakes and leave keys in places they shouldn't, genuinely by accident. Whom is going to jail for this error? If you think you are sending the security personel to jail, well, we're going to have an exodus of people willing to call themselves security personel, because no one is paid enough to risk jail for a job.
So, it's not a matter of defending ineptitude, it's a matter of recognizing the problem is complex and unless you can have clear boundries of what is punishible and what is not, your going to have a bad time enforcing anything that makes a difference. As a security person, I'm sure you know a policy without adequate enforcement is absolutely useless.