This is a self-serving lie promulgated by legislators and jurists who loathe a check on their own power.

Form follows function. The jury nullification “loophole” has been known for centuries. Entire constitutions have been written knowing full well that they will enable jury nullification. There are ways you could design a legal system that wouldn’t allow nullification. Yet time and time again, the people have chosen not to reform the system to eliminate jury nullification.

Yes, giving juries power to judge the law often produces negative outcomes. But that’s simply democracy. Sometimes democracies produce bad outcomes, just like any system of government.