I disagree with you, it is a flaw. When you gather a group of random people who have no law training and or lack critical thinking skills you never know what you are going to get. I am not asking for the system to be changed as I agree that it is a protection against the tyranny of the government. Criminals walk free every day because of jury nullification. I remember about 4 years ago when the Boston D.A. lost three easy murder convictions in one month. Those murderers were released back into the neighborhoods and committed more crimes. This case just amplifies the problem with the jury system. We have heard from the alternate juror who proves my point. When other jurors come forward I won't be shocked as to their thought process. Politicians know that the general public is stupid, just look at their campaign advertisements. The law doesn't allow the prosecutor to say outlandish things like “the father did it and made the accident look like a murder”. Only the defense can get away with unethical behavior. I don't know how to fix the flaw but it is there.
You make a compelling argument, I agree with much of what you wrote.
I just think that our system, though not perfect, is the most balanced one there is. I think when you start considering tweaking it to favor one side or the other is a mistake.
I certainly do not want it to favor the Government any more than it already does...they have all the money.....and yet they still couldn't successfully prosecute this case.
In my view, the prosecution in this case went for charges they could not prove.
I think if you want to reform the system, we should start by getting politics out of it.
Prosecutors are judged and elected on conviction rates and have to justify their budgets, therefore the truth goes out the window when convictions are the goal
When you have mass media coverage, sensationalism and world attention, egos become the focus and not the truth. (the word verdict means to say the truth)
The accused should remain anonymous and no cameras in the court rooms would be a good start.