For me, one of the clearest example of "capitalist justice" is the notion that there should be identical punishments for identical crimes -- irrespective of social rank (at least in theory). For example, the practice of beheading nobles but hanging commoners is awfully incompatible with capitalist standards of justice, as are sentences of corporal punishment (at least in The West). Incarceration as the primary way of punishing crimes also just happens to emerge alongside capitalism.
-WD