Should the town be trialed for murder?

In context, you'd have a hard time trying the town for a ritual they've been adhering to for so long that no one can remember when it started. In reality, yes, it is murder and the entire town participated. In fact, Tess would have participated had her name or one of her family member's names been called. Evidence of this can be found is Tess' initial statement that they should start over when her family's name was chosen.

"I think we ought to start over," Mrs. Hutchinson said, as quietly as she could. "I tell you it wasn't fair. You didn't give him time enough to choose. Everybody saw that."