In response to your second question, it's been said the American justice system is the worst possible justice system, with the exception of all of the world's other justice systems.

I think the root problem is that the world is not fair and never will be. Justice (like health/immortality) is an ideal to be pursued, not a destination to be reached. The system we have is at least a somewhat reasonable approximation for fairness in that both sides have their points borne out by an invested party.