If the system is broken/to blame, then the system should be sued. What if the state had to pay compensation in cases of "honest" mistakes? Then the state would start having to try harder to not let innocents get imprisoned.
"A would-be reformer who wants to improve social welfare by changing people's behavior to a better equilibrium must take care to identify a social plan that is in fact a Nash equilibrium, so that nobody can profit by unilaterally deviating from the plan." Meyerson – full quote here: http://www.dustingetz.com/:web-3.0/