That is actually the best part of our system; the presumption of innocence for the defendant, and the burden of proof resting solely on the prosecution.
If the defense does make "wild ass claims", the prosecution has every opportunity to refute them since the defense makes its case first.
Bear in mind that the state has essentially unlimited resources at its disposal to prosecute the defendant, whereas the defendant must usually pay for his/her own attorney and stay in jail if he/she cannot afford to post bond.
Our system is far from perfect, but I would much rather see 10 guilty people go free than to see once innocent person be convicted of a crime they did not commit. Those 10 guilty people are still going to be judged someday, once their time on this earth is done.
SOBER,
Presumtion of innocense does not mean the defense can throw out claims that CANT BE REFUTED. How would you suggest the prosecution REFUTE the claim that George Anthony placed his penis into the mouth of Casey anthony before she went to school?
How does the prosecution REFUTE this without the satisfaction of placing Casey Anthony on the stand? She would be the only other person involved in the charge that could prove or disprove the claim. The prosecution has NO WAY to place Casey on the stand, so a major disadvantage develops.
A presumption of innocence means only that the defendant has a right to say nothing or prove nothing. But what it doesnt mean, is that the defense can throw out stories that will TAINT the jurys minds long before it hears the case and then use innuendo during the trial to further the claim.
You say the prosecution has every opportunity, but the facts prove the prosecution has NO OPPORTUNITY. What if the defense suggested that little green men from mars landed in florida, took caylee, did experiments, placed her in the pool and she drowned, then the martians tossed caylee into the swamp before boarding their space craft and flying back to mars.
How would you suggest the prosecution REFUTED this?
Peace.