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Notes -
There are many contexts in which the prosecution is allowed to make inconsistent arguments in the same case--for example, stating claims "in the alternative." The American court system is basically structured under the assumption that prosecutors are interested in truth and justice, rather than in winning their cases and clearing their dockets (see also: prosecutorial discretion). Honestly, I think it works out that way more often than not. But there is nevertheless an awful lot of prosecutorial fuckery.
I think you are incorrectly framing this as though the ability to make inconsistent arguments is a unique power held by prosecutors. Any party in any kind of litigation is always free to make inconsistent or alternative arguments. The catch is that typically the jury gets to hear about your inconsistencies, and can choose to hold this against your credibility if it wants to. I didn't read your links, but from your description of the case it sounds like the jury was told about the inconsistent arguments and ultimately still believed the defendant was guilty.
I for one would like to apply stricter standards to the prosecution.
For example, the fact that the defendant can misrepresent the facts as much as they want is not a good reason to also allow the prosecution the same leeway with the truth.
The standard for criminal trials is generally "beyond reasonable doubt". If A and B commit a crime, and prosecutor X convinces their jury that A was the mastermind, and prosecutor Y convinces their jury that B was the mastermind, and they both worked from the same evidence, then at least one of the prosecutors is grossly miscalibrated about what reasonable doubt should mean.
Prosecutors who try to convict people of of stuff they are actually guilty of will not show this behavior. OTOH, with this lower standard, you could have multiple persons be convicted for having fired the same gunshot.
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Yeah, the old joke that I've heard frames it as coming from the defense: "Ladies and gentlemen of the jury: I wasn't even there! And if I was, I didn't do it. And if I did, it was self defense. And if it wasn't, I was insane!"
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No, I've definitely never said that--I've just only talked about prosecution in this thread. You are correct that defendants may also make arguments in the alternative.
The difference is that the defendants (usually!) only have to successfully defend themselves once. Whatever the jury decides, that's the account of the facts that will (usually!) be relied upon through the appeals process for that defendant.
The prosecution, though, is the same party (figuratively, as the state; literally, in some cases, the same person) across multiple cases, and in theory the party being held to a higher standard--because the power of the state is presumably extremely vast, we place a variety of hobbles on it (Bill of Rights, e.g.). Elsewhere in this thread I linked a law review article arguing that cross-case prosecutorial consistency ought to be regarded as part of Procedural Due Process. I find myself amendable to that position.
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