I suggest those with a mind to prosecute take the time to read "Just Culture" by Sidney Dekker (apparently Capt Sullenberger had it in his bag when he went surfing). A court is only interested in having one version of what happened, this has very little to do with establishing the truth of what happened, or how it could be prevented.
Aviation has moved a huge distance in reducing human factors accidents by fostering an open reporting culture, moving in the other direction now would be a terrible mistake. Anyone who thinks the Concorde trial is about establishing the "truth" of the events of that day is sadly mistaken.
A final couple of small points, most families of victims go to court not to get compensation or "justice", but usually when they have been stonewalled and they feel it is the only way to bring out the truth. Sadly that is rarely the result and many end up disillusioned with the whole process.
This is not to say there should not be a line beyond which actions should be justified in court, but as Mr Dekker says, it is not where the line is - but who gets to draw it!