Strengths Now for the strengths, firstly the state-base justice system allows the victims to feel safe as the state will handle and bear the burden of prosecuting and punishing the offender (Kurlychek, 2011, p.909). As well, if the state is responsible for prosecuting the offender, it allows the victim to mourn in peace instead of worrying about obtaining justice. This is key as it will prevent future retaliation and will ensure that not just the victim is safe, but their families and their properties (Diamond). Secondly, the key to the criminal justice system is that there is a third party that decides and hands out the punishments after hearing both sides. These judges are also trained and have years of experience in law which
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To make matters worse, the courts are also there to determine guilt and not necessarily repair harm and this combined with the long waiting time may prompt people to taking matters into their own hands like the Ellie case, where Ellie decided to shoot the victim in order to extract justice (Diamond). Although cases like this are not common, losing parties may feel unsatisfied with the results and there is no other discourse they could take as the moment the case is settle, both parties leave and head their separate ways …show more content…
This is financially draining and the case of Pettkus v Becker illustrates how damaging it could be with Ms. Becker valiantly fighting for her rights and eventually winning only to have her live savings drained by the legal fees. As a result, she committed suicide as she was left with nothing (Pettkus v Becker SOURCES). The high cost of using the legal process can also discourage people of the lower class from using state base approach from seeking justice against a company or a wealthy individual (Hadfield, 2000). Furthermore, lower class citizens may not be able to hire lawyers to properly defend themselves, and although it is a charter right (Source) to be able to talk to a lawyer and receive legal advice, studies have shown that private lawyers have a greater likelihood of succeeding when compared with private lawyers (Champion, 1989). This shows that people who have the financial resources have a better chance at winning, which is morally
To make matters worse, the courts are also there to determine guilt and not necessarily repair harm and this combined with the long waiting time may prompt people to taking matters into their own hands like the Ellie case, where Ellie decided to shoot the victim in order to extract justice (Diamond). Although cases like this are not common, losing parties may feel unsatisfied with the results and there is no other discourse they could take as the moment the case is settle, both parties leave and head their separate ways …show more content…
This is financially draining and the case of Pettkus v Becker illustrates how damaging it could be with Ms. Becker valiantly fighting for her rights and eventually winning only to have her live savings drained by the legal fees. As a result, she committed suicide as she was left with nothing (Pettkus v Becker SOURCES). The high cost of using the legal process can also discourage people of the lower class from using state base approach from seeking justice against a company or a wealthy individual (Hadfield, 2000). Furthermore, lower class citizens may not be able to hire lawyers to properly defend themselves, and although it is a charter right (Source) to be able to talk to a lawyer and receive legal advice, studies have shown that private lawyers have a greater likelihood of succeeding when compared with private lawyers (Champion, 1989). This shows that people who have the financial resources have a better chance at winning, which is morally