Human based checks are easier to subvert than automated ones.
>We've had flash crashes
Which is exactly the problem that most banks and markets try to prevent. Any system that uses what other people are doing as a strong enough input is going to be susceptible to this to some degree. If you try to buy too many shares of something or for too disparate of a price compared to the market the bank will almost certainly kill your order. The exchange might kill it too. Depending on your contract with the bank and exchange they may kick your session for the day if you do it too much (once may be too much). The limits most banks place on what you can do mean that runaway algorithms can really only be a slow tug in one direction or the other which is no big deal.
I disagree. They're easily subvertable, but in different ways.
"Which is exactly the problem that most banks and markets try to prevent"
But they haven't succeeded so far. Further, as the saying goes, history never repeats itself, but it rhymes. It's all well and good doing all these automated checks based on past issues, that's not going to help with the next issue that isn't enough like the one before.
A person might consider giving you a bit of wiggle room on the exact letter of the law, but can also ensure you comply with the spirit of the rules.
We've had flash crashes, which aren't in peoples interests, they still happened. I don't think its reasonable to hand wave it away, because "smart people". Programmers are supposedly smart people,I've yet to come across a perfect bug free program.