The problem of who decides what's good/bad for 'the state' immediately rears its ugly head. If the government can literally kill political enemies, the people are more likely to rebel. Like imagine if Russia actually executed that tycoon who funds the opposition (who they keep jailing for 'fraud'). At least the death penalty for murder is somewhat objective. Regardless, I think that type of judicial theory is a few methods short in the object factory to start with.