It’s an ignorant argument.

The criminal “justice” system is what it is, and it gets the public confidence that it deserves: very little. The best that can be said for it is that it’s better than any other system yet created.

Anyone who thinks that the criminal justice system is an inerrant or even acceptably accurate means of punishing the wicked but not the righteous hasn’t spent enough time in the criminal courthouse. Not only do (factually) guilty people get set free, but also (factually) innocent people are convicted, often because they’ve pled guilty.

Public confidence in the criminal justice system is not only misplaced, but also dangerous.