State-Based Justice System Analysis

State-based justice systems have long been the established form of addressing injustices in society. The system refers to controls organized by the state and enforced by specific institutions that follow procedures determined by law, such as the courts, prosecutors, police, and correctional facilities (Forsyth, 2007). These controls are based on the principles of deterrence, punishment and retribution through the application of external sanctions on individuals who fail to abide by the legally recognized rules of society (Morrison, 2017). Moreover, crime is seen as a violation of law that needs to be resolved in a neutral and unbiased approach that focuses on facts and reason. In fact, this justice system views any crime as a crime committed against the state and thus places considerable emphasis on retribution and ‘paying’ back debts to the state.
Furthermore, in state-based justice systems, retribution is considered as the primary means …show more content…
Moreover, state-based justice systems have been questioned for its assumptions that the government provides the best method of producing conformity and law-abiding behavior. In particular, Hirshi’s (2002) social control theory examines the effect formal institutions have on conformity in individuals and how appropriate behavior is produced by these institutions. Clear et al. (2001) support this theory and argue that formal methods of social control such as the criminal justice system merely control and segregate offenders, who do not have adequate socialization, to institutions where conformity is expected to be produced. They further state that an alternative form of social control such as restorative justice might produce more effective results (Report,