1. According to Kinsella if I kidnapped you, you may justly kidnap me in return. What if PDA arrests an individual by mistake, should that individual have the right to kidnap the PDA officers?
2. What if a very rich guy assaulted someone. The PDA will very unlikely to pursue unless they are confident that they can prove the assault, that's because the compensation they will have to pay if they are wrong will be huge. Don't you think this is problematic?
Everything is problematic. The current justice system is certainly problematic where you can be arrested by armed thugs for growing common weeds. Tried for manufacturing a controlled substance. Found innocent but still have your propert confiscated and have to sue for that as well.
Or how about the current and previous presidents violated their oaths to the Constitution by starting wars that have destroyed countries, killed hundreds of thousands of innocents and cost trillions of dollars. Is there anyone out prosecuting them for an obvious violation of the Highest Law in the Land? Have they received a Cease and Desist order from the court? Have their Attorney Generals opened investigations on these illegal activities? I would consider this as problematic.
Or is it problematic when a famous ex-NFL player murders two people, attempts to flee the jursdiction, has a mountain of evidence he did it, but hires the best defense money can buy and manages to get a full acquital because one of the cops was a racist scumbag?
So stop judging a free system against utopia and start judging it against current fascist reality.