I think that even the writers haven't figured it out. They waiting the best most clever theory they read on here to use. Or they are going to see what characters get accused and make sure to go another route to keep everyone on their toes. Either way this seems something best left for the series finale when the show goes off the air. That leaves it open for it to end with Jane going to prison for killing Red John, Jane's death by Red John's hand, or for Jane to be revealed as Red John and kill himself or be arrested.
