You are describing human judgement or human discretion. It's probably a given that AI will surpass humans in judgement and discretion of many things in the coming years and would be at least as able to avoid reacting to a false-positive as any human.
The problem (and the thing you propose as a solution) is deferring to an arbiter. This is not human judgement as much as it is human authority. We conflate the two in meatspace because of the social rank conferred upon such positions (this is the same drive that makes humans bow before gods and dictators)
The very idea of decentralization is a different authority model than what is typically in human institutions. In theory, institutions managed in a decentralized and anonymous way have the potential to achieve a form of democratic governance that is far more resistant to corruption than any form previously invented.
In meatspace, a judge must be chosen, elected/appointed, confirmed, etc., and when that judge needs to be replaced we take an entirely different (largely unknown) judge and do a full-scale migration to that new judge's "firmware".
With smart contracts, we can divide the execution into many smaller smart-contracts, each with a specific domain of expertise. This makes versioning, incremental improvement, and extreme transparency possible.
If you listen to us SCOTUS argument, particularly when a case involves discussion of the intent of specific words in a law, it becomes clear how utterly mutable all of the constructs are. While the SCOTUS is a world-class institution in terms of its overall quality, it is reinforced using a highly centralized model of human authority, with all its problems.