Under what charges? If we're talking about the US, they have the first ammendment and all that. As for defamation laws and similar, the person who used the tool for those purposes would be on the hook, not the creators.
That entirely depends on the circumstances. But given you are mixing criminal, constitutional, and civil law (libel, sometimes also criminal) in one comment (oh, and it's 'amendment') I don't think that this will lead to a fruitful discussion.
My only point was: you can disclaim anything you want, but that won't stop people from suing you if they feel like it (this can happen anyway, even if you disclaim any and all responsibility) and creating something that can very easily be abused and then thrown out into the public even though it is standard practice in the security community may well end up being a boomerang.
There is some precedent for the creators of such software being sued:
