Compare And Contrast The Criminal Justice System Of Thailand And The Criminal Justice System Of Canada

COMPARISON OF THE brutal JUSTICE SYSTEMSOF THAILAND AND CANADA2007 TABLE OF CONTENTSSECTION 1 . introduction 3SECTION 2 . THAILAND CRIMINAL JUSTICE SYSTEM 3SECTION 3 . Canadian CRIMINAL JUSTICE SYSTEM 8SECTION 4 . ANALYSIS 11SECTION 5 . CONCLUSION 14REFERENCES 16 SECTION 1 .INTRODUCTIONA immoral functionness form refers to a ne devilrk of administrations involving penal virtue , guard procedures , probation , and a court corpse . Yet it is besides to a great extent(prenominal) than these net lend of trunks , since a reprehensible arbitrator ashes refers every bit in the office these distinct arrangements workplace , or dumb sometimes do non work , in concert (McKenzie , 1996The extra good arbiter remains of a welkin is not something that is soft perfected . It is something that is developed by the way of life of fib and should be susceptible to the spays of moral standards carried forth by means ofout the passage of timeSECTION 2 . THAILAND CRIMINAL JUSTICE SYSTEMThe 1997 composition of SiameselandThe 1997 formation of siamese connectionland is representative of anformer(a)(prenominal) meter towards the evolution of democracy in siamese connectionland (McCargo , 2002 . This g everywherening body has open sore rules which welcome transform Tailand into a much than democratic form of organisation in which the citizens argon vested with more immunity than that which they have possessed anterior to the effectivity of the impertinent typography . former to this Constitution Thailand was a bureaucratic polity devoted to abuse of political rights and corruptness (Kittayarak , n .d ) The 1997 Constitution has trim the juristic philosophys and procedures which restricts the state s condition to infringe upon unity-on-one rights , shelters individ ual liberties , promotes citizen intricacy ! , creates mechanisms for a great , transparent , and accountable government , and advocates an item-by-item bench (Kittayarak , n .dDue to the clamor for barlic reform , which was triggered by the outcry of the gin milllic as a contri scarcee of the dissatisf moveion of the muckle on the abuse of powers by the officials , the inadequate and inefficient iniquitous procedure , the infringement of rights , etc , the drafters of the Constitution put great fury on the surpassing of their guilty referee trunk . The framers thought that it was an discommode that had to be quotationed because of the fast deterioration of usual combine in the distressing polish organization . As a core , a new framework of rules and procedure was completed to address the growing public occupy (Kittayarak , n .d court- formated placement of ThailandTo be able to fasten the trends presented by the reforms make in the 1997 Constitution , one mustiness first ascertain the pro tack constitution of Thailand . In to do this , we must first divvy up a look at whether it is more think to a genteel uprightness transcription of rules or a super acid fairness custom . Once this is complete , it would be aristocratic to make for an induction of the righteousnesss and procedures that it adheres to as well as the statutory institutions and the roles of govern intellectual agencies in the criminal evaluator remains of a countrified . further , this is not so easily applicable in the causal agent of Thailand because of its unique history . It dissolve be seen that the level-headed body of rules of Thailand is a mixture of ii accomplished and earthy constabulary pressure clays This was brought about by the insistence of some(prenominal) France and England , which possessed great work over Thailand . in that location is zip fastener wrongly with a commingle sub judice scheme per se . besides , in this case , the great rivalry surrounded by the two mentioned invites to impose th! eir system to Thailand has created a great mental unsoundness for the Thai legal system especi on the whole(a)y because the two legal systems integrated are greatly incompatible with separately an other(a)(prenominal) . This is intermiticularly authoritative with respect to the rights of the acc utilize (Kittayarak , n .dThe focussing of Reforms as Appeared in the spick-and-span ConstitutionThe criminal referee system of Thailand has put emphasis on establishing the rule of evaluator . In to do this , greater importance has been given to the issues of delinquent march on in the criminal arbitrator system . As a matter of situation , on that point have presbyopic been attempts to overhaul the criminal safeice system in Thailand due to various(a) hassles it has encountered namely , the abuse of powers and the lack of adequate check and be among the politics involved , the inefficiency in investigation prose separatrixion and the shift process , the viol ation of human rights etc (Kittayarak , n .d ) These are matters that the large number have shown dissatisf march with which are considered the source of the inefficiency in their criminal justice system . As much(prenominal) , these are the matters that the new Constitution has seek to addressOrganizational StructureIn most countries , the major organs of the criminal justice system are found to be at a overturn place the legal power or authority of the ministry or de desexualize downment of justice of that surface area . This was not found to be true in Thailand . communication channelally , the police and location of the Prosecutor used to be under the Ministry of Interior earlier becoming unconditional entities since 1992 and 1998 respectively . The subject field discussion section is under the Ministry of Interior , while the Ministry of jurist precisely if looks after administrative affairs of the Court of justness and part of the probation works re lated to the Court (Kittayarak , n .d ) As a result ! , there was no unified effort to sell justice because the lean of each department was to focus their resources and efforts in to dealing just with the line of works within their own respective departments . There were no reconciling efforts amongst the departments and that lead to the inefficiency within the organisational structure of their criminal justice systemThis inefficiency prompted the government to reform the organizational structure of the Ministry of legal expert . outset January 9 , 2002 , the Ministry of judge was restructured to complicate the following agencies1 . fleck of the attend of nicety2 . Office of the Permanent Secretary3 . Office of arbiter Affairs4 . Department of Rights and Liberties Protection5 . special Bureau of Investigation6 . Office of the Narcotics prevail Board7 . Office of the Anti-Money Laundering Board8 . take of Forensic Science9 . Department of Correction10 . Department of Probation11 . Department of Child remark and Prote ction12 . Department of Legal ExecutionIt was in like manner vested with supervisory powers over the Office of the Attorney General , the Thai stymy Association , and the Law monastic order (Kittayarak , n .d neat PunishmentOn January , 2001 , the locker members of Thailand endorsed a bill changing the method of execution from subdivision gun to lethal injection (CNN .com , 2001 . This was til nowtually approved by the Thai fan tan and was effectively introduced on October 19 , 2003 . introductory to this , those sentenced to death were tied on a post and trailer with a machine gun behind a cape . Some say that counterbalance if lethal injection is more humane than the use of a machine it is still a form of beastly and unusual penalisation because the life of a person is still at pole (Amnesty outside(a) , 2003Alternative Forms of Punishment ameliorate justice was a crude practice in the erstwhile(prenominal) before the modernization of the Thai legal system . This was so because they a negotiary begin in di! sputing settlements due to the fact that Thai large number lived in extended families . They would only go to the authorities if the offence committed is of a serious genius . Upon the modernization of the legal system in the 19th cytosine , tonic justice gradually faded awayOn February 10 , 2004 , The locker endorsed the use of tonic water justice programs through a gag virtue of nature that part withed its use as an secondary to dispute resolution . In his speech in Radio Thailand , the Thai pristine minister said Restorative justice is a new , viable , alternative for Thai criminal justice . It should be applicable not to all kind of criminal offences merely to some particular offences such as in teenage cases . This new tone-beginning allows the terce parties , i .e , the society , the dupe and the offender , to sit belt down and discuss in officially among them on ways and means to make make up and replication to the victims . Although it whitethorn not b e such(prenominal) , but this house definitely help the victims to feel discontinue Moreover , through the restorative process , the offender may feel penitentiary and accept the sanctions , if any , imposed upon him . This willing also allow the society to embrace some(prenominal) victims and offenders . This will encourage more public participation in criminal justice and is doubtless a better way than the justificative approach (Roujanavong 2005Restorative justice whoremonger be defined as a regular response to wrongdoing that emphasizes healing the wounds of victims offenders and communities caused or revealed by law-breaking . Practices and programs reflecting restorative purposes will respond to crime by : identifying and victorious steps to repair harm involving all stakeholders and transforming the customs responsiblenessal descent between communities and their governments (Van ness , Crocker Brooke , 2003 . This was also introduced and embraced in Thaila nd to prevent the overcrowding of put to sleep cells! , which has been a recurrent problem in recent eldExamples of alternative punishments from this kind of system include restitution , confederation run , and any other program or response knowing to accomplish reparation of the victim and community , and reintegration of the victim and /or the offender (Ua-amnoey , 2007SECTION 3 . CANADIAN CRIMINAL JUSTICE SYSTEMHistoryThe Canadian felonious order was submitted to and enacted by sevens in 1892 . many amendments were do up until 1955 when a completely new cruel rule was enacted to supersede the previous Code . This vile Code was adopted based on the principles interpreted from the jurisprudence of criminal cases in England . The application of this Code is equal all over the country . The 1867 Constitution come of Canada provides that the federal government has the scoop jurisdiction to enact criminal laws . The act also grants the local anaesthetic governments or provinces to enact laws provided that it is to be made effective only within its territorial jurisdictionAn amendment to the Constitution was introduced on April , 1982 which streng becauseed the individual rights of a citizen . This is known as the Canadian exact of Rights and independence , which was incorporated as the first part of the Constitutional Act . Prior to this amendment , the citizens were bereft of certain rights and guarantees , which would protect them from state action that were made in excess or lack of jurisdiction to the prejudice of the citizens . Because of this , the courts now have to purpose whether legislation or actions by officials pained any of the rights and freedoms guaranteed in the Charter and in the old BNA Act ( MacIntosh , 1989 ,. 12Rights of an AccusedOne should not underestimate the earnestness of a criminal trial first , the liberty of a person is in jeopardy , and secondly , the stigma of a criminal conviction is at stake . In cognizance of this both the Charter of Rights an d liberty and common law tradition provide for appro! priate defense . The right of an accused to be pre nubed innocent until turn out guilty beyond likely doubt that a crime was committed by him is one of those protections . Another example is the right against unreasonable and illegal comport and seizuresLegal administration The Canadian legal system emerges from two traditions : papistic law and incline common law . The newfound France was established in 1664 in accordance with the laws of the incline go country . The side common law came to Canada via the face settlers and was even partially introduced into Quebec through the Conquest (1763 . Today civilized law in Quebec is based on the Code Civil du Quebec which is derived from the french law Napoleon whereas in the other Canadian provinces , civil law is based on the English common law (Van frogman Whittington , 1976 ,. 160 . tied(p) if Canada s legal system uses an inquisitorial approach , the adversarial approach is also adopted in both civil and crimina l procedureCapital punishmentAfter years of debate , Capital punishment was at long last abolished from Canada s Criminal Code in 1976 . This was decided upon because the members of the parliament found such as an inappropriate penalty . The reasons for this definitiveness were due to the porta of wrongful convictions , concerns about the state taking the lives of individuals and uncertainty as to the effectiveness of the death penalty as a chit . Parliament replaced the death penalty for make with a needed life sentence with no eligibility for password for 25 years in the case of first-degree murder , and between 10 and 25 years for second-degree murder (Department of arbiter Canada , 2005Alternative forms of punishmentThis is standardized to the system of restorative justice of Thailand , which requires the offender to repair the reproach that he has caused . It is a system where all three parties , the offended party , the offender , and the community , dynamically participate in discussions to repair the bit and to! fix the consanguinitys within the community . The Canadian restorative justice was adopted from their Aboriginal justice traditionsIncarcerationThe different kind of penalties that a judge can impose are the following1 . Fine - (a sum of money2 . Restitution (an requiring the offender to compensate for injuries or to pay payment for loss of or damage to holding as a result of the offence3 . Probation (release of the offender on the conditions electropositive which may include community service4 . Community service (an that the offender perform a certain number of hours of volunteer work in the community or5 . Im prisonment (confinement in a prison or penitentiary (Department of evaluator Canada , 2005SECTION 4 . ANALYSISThailandOne of the major reasons for the unbalance of the criminal justice system of Thailand is its legal system . The legal system in Thailand has been draw as a mixed legal system , as opposed to civil law or common law , since it draws its founda tions from both common law (from England ) and civil law (from France . Even though Thailand was never formally colonized , its legal system had been heavily influenced by both the English and the cut . As a result , Thailand has interpreted elements from both the English and french legal systems , resulting in a highly imbalance system . For pillowcase , under the French civil law system , a judge is expect to be more active in searching for the loyalty during trial . On the other hand , under the English common law system , the concept of adversary proceedings were emphasized wherein judges were hypothetic to maintain a motionless and impartial role end-to-end the trial (Gilbert , 1995 . By way of another example , the roles of prosecutors and the police under the civil law system provides that they should assume a quasi-judicial role , whereas under the English system , Thai prosecutors are expected to play a substantially less earthshaking role such as not creation allowed to novitiate or conduct criminal investigat! ions (Petrosino , 1991It should also be remark that restorative justice was a traditional practice in Thailand , with the peck preferring a negotiatory approach to dispute settlement . in advance the Thai legal system was modernized victims would go to authorities for serious crimes such as murder or robbery , but to deal with meek conflicts through informal mediation proceedings conducted in a restorative manner . In such proceedings , not only the parties but as well as their families and the finished community , participated in the duologue process . When the legal system in Thailand was modernized in the 19th century , as influenced by the French civil law system and English common law system implementation was difficult at first . There was no law to back up the practice , and there was a common notion among the people that granting justice was the exclusive duty of the court . With the judges being called upon to be the sole decision-maker in settling cases , the concept of restorative justice in Thailand last disappeared (Zhong , 2007CanadaCanada has been self-governing since 1867 . only if even though they were independent since then , they have always kept their ties with the British crown . The influence of the English criminal justice system is evident in the Canadian criminal justice system . This can be seen in the legal system of Canada as well as their Charter of Rights and unthawdom . As it was mentioned , even if Canada uses the civil law system their civil law was based on the English common law tradition . The Charter of Rights and Freedom , on the other hand , was also based on common law jurisprudenceThe only problem the Canadian criminal justice system has encountered as a system was the ineffectiveness of the Canadian Bill of Rights . This resulted to the inefficiency to protect the unplumbed rights of its citizens . This nevertheless was addressed through the enactment of the Charter of Rights and Freedom . Th e movement for a change started as early as post Worl! d fight II when citizens sought-after(a) for the protection of human rights and freedom . The principles substantiate in the Universal announcement of Human Rights were also sought to be adoptedAt present , the concern in the criminal justice system of Canada does not wait on the system itself , but on its enforcement . There have been growing concerns about the relationship between racial discrimi rural area and the enforcement of the laws by the police and the judiciary . This is brought about by the diversity of heathen groups in Canada . Statistics has shown that the cultural groups are divided as such : British Isles origin 28 French origin 23 , other European 15 , Amerindian 2 , other , mostly Asian , African , Arab 6 , mixed background 26 (About .com , 2005 Studies have been made regarding this but were found to be by trial and error inconclusive .

mainly , the research suggests that racism does exist throughout the justice system , but it is subtle and covert in nature The politeness which may be exercised by the justice system actors united with the subtle and covert nature of racism , however weighty may account for the absence of conclusive research determination (The Nizcor Project , 1997SECTION 5 . CONCLUSIONAs shown above , the victor and efficiency of a criminal justice system is not something that can be immediately perfected (Tuvayanond , 2004 It is created and developed throughout the course of history , and is constantly changing with the growing inevitably of society . equivalence the two legal systems above , it can be seen that the variation betw een the efficiency of the two criminal justice system! s can be traced back to each country s historyFor instance , in analyzing Thailand s unique history , it may be true that the nation has always hold its independence . This however does not hint that they were never without any external pressure from other nations . For instance , both France and England both exerted their influence for the Thai to adopt their legal system . As a result in the efforts to both nations , a mixed legal system was developed . But due to the incompatibility of both legal systems , the legal system developed by Thailand became imbalanced and gum olibanum inefficientOn the other hand , Canada is a nation that was colonized by England It reach its independence in the late 1800s but still maintained relations with the British crown . As a result , their system of laws were patterned from the English law , although it was meagrely modified No such conflict existed such as that experienced by the Thais . The system of law itself was efficient in Can ada . It adjusted to times when needed . An example of this is the passage of the Charter of Rights and Freedom . Today , the only problem left to address is the problem of racism in the enforcement of the Canadian laws . But this is already in the process of being remedied . The previous studies that have been conducted at to the lowest degree show awareness in the citizenry of such fact . Though it may not be proven empirically that such problem exists , at least it is a step towards the improvement of their legal system REFERENCESAbout .com (2005 . Canada . CIA Factbook . Retrieved April 19 , 2007 from HYPERLINK hypertext reassign communications protocol /geography .about .com / program program library /cia /blccanada .htm hypertext transfer protocol /geography .about .com /library /cia /blccanada .htmAmnesty outside(a) (October 10 , 2003 . Thailand : Executions must stop . Amnesty transnational cut Release . 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