Lois McMaster Bujold, a famous American speculative fiction writer, said, “The dead cannot cry out for justice. It is a duty of the living to do so for them.”

From the first laws ever established to the legal compilation of Hammurabi in 1792 BC, to the respective legal system of each country today, the justice system of mankind is constantly being refined. Justice systems aim to keep order across nations and deliver fairness for all citizens. Among them, punishment seems to be the most significant tool, as it penalizes those who violate the law and deters other potential offenders. Additionally, there are some specific exemplary aspects of effective justice systems, such as the anti-corruption law in Denmark and the compensation law in China.

The most significant measure to reinforce law is punishment, and there are several aims that it can achieve. According to the BBC, acts of punishment offer reformation, retribution, and reparation, indicating that effective punishment should reform the criminal, make the criminal pay for their sins, and most importantly compensate the victims.

An ancient Chinese folk tale reveals the high standard of self-discipline and morality ancient citizens were expected to possess. It is said that if someone made a mistake, they would be restricted in a circle drawn on the ground as punishment. The idea underlying this system was that, even if there were no guards around, one would never step out of the circle. The people of ancient China realized that the purpose of punishment was not solely to punish the crime, but also to protect the long-standing and well-established customs and traditions on which the people depended.

Indeed, drawing a circle on the ground seems naive nowadays; prisons, which analogously incarcerate people by confining their freedom, are the main method of punishment in the modern world today. To those who violate the law, the loss of freedom can potentially make them acknowledge the consequences of their actions and might cause them to feel regret. What’s more, to those who are willing to reform, punishment also represents a chance of reformation, as it helps them reflect on their crimes and look forward to a fresh page of their lives. In many cases, after penalties, those with conscience in their hearts will do their best to compensate society and become useful and conscientious citizens. Because of its successful prison system, Norway is the country with the lowest recidivism rates in the world, at around 20%. Among the Norwegian prison population that was unemployed prior to their arrests, there’s even a 40% increase in their employment rates once released.

In addition, to potential offenders who are yet to commit a crime, the punishment of others might serve as an alert to them. Punishing one person could deter the whole society and make them consider if they can afford the consequences after seeing others’ outcomes.

However, although the justice system should be strict, it should also have its boundaries, meaning that it needs to be malleable for each crime. There should be constraints on the government and appropriate penalties should be considered. In ancient times, those monarchs who governed by despotism without etiquette applied cruelty to accomplish what could not be done within their power. These tyrants believed that citizens could be removed from society by the death penalty because they had lost their due morality and violated the law. These ruthless punishments merely stop some of the consequences of evil in general, but they cannot punish its origins. In recent times, more and more countries have abolished the death penalty. For countries that have kept the death penalty, they need to be extremely cautious when deciding to sentence a criminal to death. One mistake made by a justice system can lead to public discontent and tarnish the system. A crime only pollutes the current, while an unjust administration of justice pollutes the headwaters.

In addition, it is essential to consider the particular policies that make certain justice systems more effective. According to the World Justice Project’s Rule of Law Index, Denmark has the best justice system worldwide, based on 4 factors: legislation, law enforcement, courts, and corrections. Denmark has a strict system and the least corrupt government. This level of low corruption in Denmark is namely due to stronger standards of integrity for public officials and its judicial system. Professor Christian Bjørnskov, who researches corruption, finds this result unsurprising, as there is “a special trust culture which makes people very reluctant to pay or accept bribes. It has been like this for 150 years." In 2008, it was made a crime for companies to offer to arrange travel, special services, and gifts for government officials for commercial purposes. It is considered a crime even if rejected by the other party. From my perspective, this level of strictness in law helps to effectively reduce the impact of corruption, as the government tries to keep everyone equal and bring justice to its land; this is why Denmark was ranked first in corruption perceptions in 2021.

Another unique portion of any justice system is the exoneration compensation system. It is usually neglected by people, but it is fundamental and crucial to the whole institution. As an old Chinese saying goes, “Men are not saints, how can they be free from mistakes?” It is inevitable that misjudgements occur, and what’s important under such circumstances are how much the country compensates the wrongly accused individual. Here are two cases.

In 2020, in China, Zhang Yuhuan, who was wrongfully convicted of murdering two children over two decades previously, was acquitted after spending 27 years in prison. In 1995, he had been handed a suspended death sentence, which was reduced to 19 years by a higher provincial court over a decade later. The court later awarded 4.9 million yuan ($733,000) in state compensation, the largest sum granted for any wrongful imprisonment. The point of this compensation was to recompense for all his losses over the years and avoid disappointing the public as much as possible. Although no substitute could make up for the time lost and freedom taken, the justice system attempted to compensate the victim for its mistake.

On the contrary, in Colorado in the United States, Deshawn Jones, who was convicted of sexual assault, did not get any compensation. He was sentenced to six years to life in prison. Four years later, he was proved innocent and released. But the judge rejected his compensation petition. According to the Colorado Sun, the judge said, “In order to be eligible for compensation, the Act requires that Petitioner show not only that he is actually innocent of the crime at issue, but also that he did not solicit, conspire, act as a complicator or accessory, or attempt to commit the crime at issue, or any crime factually related to the crime at issue.” He concluded that trading drugs for sex were a crime that was “factually related” to the original — though false —allegations. Therefore, Jones was not entitled to compensation. In this case, Jones not only wasted his precious time in incarceration but also received no compensation. People will eventually feel upset about this system if similar situations happen again and again. How can people trust a system which cannot protect its citizens?

In conclusion, the effectiveness of a justice system mainly depends on punishment, or how it penalizes criminals to a rightful extent. It also depends on how it treats innocent people — when an injustice is done, does the justice system compensate the wrongly convicted? However, they are not the only means of measuring the effectiveness of the justice system; focusing merely on these two elements would narrow the scope and make people neglect other aspects, such as different situations in each country and the views of citizens. There’s a saying that goes, “those who win the people’s hearts win the country; and those who lose the people’s hearts lose their reign.” A justice system will be effective if it actually benefits people and proves itself to be worthy of following. The system should motivate all citizens to withstand crime in the country and inspire them to guard society. After all, it is not only the government’s responsibility to maintain a healthy society, but the responsibility of the people within it too.

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