I believe this is a Catch 22 situation. The Pilot in question more than likely failed to ahead to cockpit warnings and advice from a fellow pilot and landed the aircraft under his command in an unsafe manner. As already mentioned safety investigations are not designed to attribute blame, but find out what went wrong.
However, as also mentioned, there have been previous cases of pilots, tech crew and ground crew charged and found guilty following the safety investigations.
Pilots want to feel safe and have confidence in a safety system that is not designed to find them guilty if they cause an accident. The public however want to know that a pilot can be charged if he/she makes a mistake that causes death or injury due to neglect/failure of a duty of care.
The FDR/CVR was designed to allow safety investigation to occur. It has been used in criminal cases succesfully and contray to what some say here, if a member of either the aircrew or ground crew can be charged with criminal negligence following an incident causing death then do so. If that makes others scared, well they shouldn't be if they obey the rules, follow laid out instructions and provide a duty of care. If a court of law finds them not guilty, great - if guilty, well lock them up and give them a suitable punishment.
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