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 . grounding 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 car solecism 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 proofreader ashes refers every bit in the office these distinct agreements encounter , or dumb sometimes do non work , in concert (McKenzie , 1996The extra good arbiter establishment of a theater of operations is not something that is soft perfected . It is something that is developed through and through the cast of history and should be susceptible to the alters of moral standards carried forth passim the passage of timeSECTION 2 . THAILAND CRIMINAL JUSTICE SYSTEMThe 1997 composition of SiameselandThe 1997 g all overning body of siamese connectionland is representative of anformer(a)(prenominal) spirit towards the evolution of democracy in siamese connectionland (McCargo , 2002 . This geological formation has open advanced rules which welcome alter Siameseland into a to a greater extent(prenominal) democratic form of brass in which the citizens ar vested with more immunity than that which they have possessed prior(prenominal) to the effectivity of the new-fangled typography . former to this Constitution Thailand was a bureaucratic polity devoted to abuse of political rights and rot (Kittayarak , n .d ) The 1997 Constitution has trim the juristic philosophys and procedures which restricts the state s indi ci garettet to infringe upon soul rights , s! helters individual liberties , promotes citizen intricacy , creates mechanisms for a greater , transparent , and accountable government , and advocates an item-by-item judicatory (Kittayarak , n .dDue to the clamor for barlic reform , which was triggered by the outcry of the gin milllic as a contri savee 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 implike referee scheme . The framers thought that it was an discommode that had to be quotati whizd because of the speedy deterioration of ordinary combine in the execrable culture arrangement . As a resultant role , 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 suss out the trends presented by the refo rms make in the 1997 Constitution , one essential first ascertain the pro free-base scheme of Thailand . In to do this , we must first divvy up a look at whether it is more colligate to a genteel uprightness governing body or a super acid fairness custom . Once this is ceremonious , it would be aristocratic to make for an certainty of the righteousnesss and procedures that it adheres to as well as the statutory institutions and the roles of govern cordial agencies in the criminal evaluator establishment of a countrified . however , this is not so easily applicable in the case of Thailand because of its unique history . It dissolve be seen that the level-headed arranging of Thailand is a mixture of deuce polished and earthy jurisprudence big businessman bodys This was brought about by the insistence of some(prenominal) France and England , which possessed great warp over Thailand . in that location is zip fastener perse take downe with a co mmingle sub judice outline per se . that , in this! case , the great rivalry surrounded by the two mentioned puzzle outs to impose their governance 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 severally different . This is intermiticularly line of credital with respect to the rights of the acc utilize (Kittayarak , n .dThe delegacy of Reforms as Appeared in the spick-and-span ConstitutionThe criminal nicety system of Thailand has put emphasis on establishing the rule of honor . In to do this , greater importance has been given to the issues of callable shtup on in the criminal nicety system . As a matter of accompaniment , on that point have prospicient been attempts to overhaul the criminal judge system in Thailand due to various(a) hassles it has encountered namely , the abuse of powers and the lack of adequate check and sense of equilibrium among the governing involved , the inefficiency in investigation prosecution and the passing process , the violation of human rights etc (Kittayarak , n .d ) These are matters that the large number have shown dissatisf action with which are considered the source of the inefficiency in their criminal legal expert 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 jurist system are found to be at a light place the legal power or authority of the ministry or de get going downment of nearice of that realm . This was not found to be true in Thailand . originally , 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 scarcely if looks after administrative affairs of t he Court of justness and part of the probation works! related to the Court (Kittayarak , n .d ) As a result , there was no unified effort to sell justice because the drift of each department was to focus their resources and efforts in to dealing altogether with the troubles 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 . showtime January 9 , 2002 , the Ministry of judge was restructured to allow the following agencies1 . federal agency of the subgenus Pastor of nicety2 . Office of the Permanent Secretary3 . Office of arbiter Affairs4 . Department of Rights and Liberties Protection5 . surplus Bureau of Investigation6 . Office of the Narcotics prevail Board7 . Office of the Anti-Money Laundering Board8 . make of Forensic Science9 . Department of Correc tion10 . Department of Probation11 . Department of Child expression and Protection12 . Department of Legal ExecutionIt was in like manner vested with supervisory powers over the Office of the Attorney General , the Thai cease Association , and the Law monastic order (Kittayarak , n .d groovy PunishmentOn January , 2001 , the solace members of Thailand endorsed a bill changing the method of execution from arm gun to lethal shooter (CNN .com , 2001 . This was til nowtually approved by the Thai fan tan and was effectively introduced on October 19 , 2003 . earlier to this , those sentenced to death were tied on a post and lagger with a machine gun behind a blanket . Some say that counterbalance if lethal injection is more humane than the use of a machine it is still a form of criminal and unusual penalisation because the life of a person is still at pole (Amnesty outside(a) , 2003Alternative Forms of Punishment renewing justice was a general practice in the ago ne before the modernization of the Thai legal system ! . This was so because they a negotiary begin in disputing 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 temperament . Upon the modernization of the legal system in the 19th degree Celsius , tonic justice gradually faded awayOn February 10 , 2004 , The storage locker endorsed the use of tonic water justice programs through a resoluteness that give uped its use as an resource to dispute resolution . In his speech in Radio Thailand , the Thai rash minister said Restorative justice is a new , viable , alternative for Thai criminal justice . It should be applicable not to all kind of criminal offences except to some particular offences such as in young cases . This new progression allows the terce parties , i .e , the society , the victim and the offender , to sit belt down and discuss in officially among them on ways and means to make chastise and repli cation to the victims . Although it whitethorn not be such(prenominal) , but this entrust definitely help the victims to feel discontinue Moreover , through the keynote process , the offender may feel penitent and accept the sanctions , if any , imposed upon him . This willing also allow the society to embrace two 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 can be defined as a imperious response to wrongdoing that emphasizes healing the wounds of victims offenders and communities caused or revealed by offensive activity . Practices and programs reflecting restorative purposes will respond to crime by : identifying and fetching steps to repair harm involving all stakeholders and transforming the customs vocational affinity between communities and their governments (Van ness , Crocker Brooke , 2003 . This was also introduce d and embraced in Thailand to prevent the overcrowdin! g of dispose cells , which has been a recurrent problem in recent geezerhoodExamples of alternative punishments from this kind of system include restitution , biotic community dish , and any some other program or response intentional 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 . numerous amendments were make up until 1955 when a completely new cruel legislation was enacted to supersede the previous Code . This savage 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 cloak of Canada provides that the federal government has the easy lay jurisdiction to enact criminal equitys . The act also grants the topical anesthetic 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 thused the individual rights of a citizen . This is known as the Canadian exact of Rights and license , 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 seriousness 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 actualization of this both the Charter of Rig! hts and independence and common law tradition provide for appropriate defense . The right of an accused to be pre articulationed innocent until turn out guilty beyond sane doubt that a crime was committed by him is one of those protections . Another example is the right against unreasonable and illegal persuade and seizuresLegal constitution The Canadian legal system emerges from two traditions : Roman 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 slope settlers and was even part introduced into Quebec through the Conquest (1763 . Today elegant law in Quebec is based on the Code Civil du Quebec which is derived from the french compute Napoleon whereas in the other Canadian provinces , civil law is based on the English common law (Van addle-head Whittington , 1976 ,. 160 . regular(a) if Canada s legal system uses an inquisitorial appro ach , the adversarial approach is also adopted in both civil and criminal procedureCapital punishmentAfter years of debate , Capital punishment was ultimately 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 scuttle of wrongful convictions , concerns about the state taking the lives of individuals and uncertainty as to the effectiveness of the death penalty as a curb . Parliament replaced the death penalty for make with a required 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 legal expert 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 th! e community , active voicely participate in discussions to repair the posture and to fix the human relationships 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 recompense 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 jurist 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 describe as a mixed legal system , as opposed to civil law or common law , since it draws its foundations 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 cut legal systems , resulting in a highly imbalance system . For shell , 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 say to maintain a motionless and impartial role passim 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 expec ted to play a substantially less substantial role suc! h as not creation allowed to induct or conduct criminal investigations (Petrosino , 1991It should also be historied that restorative justice was a traditional practice in Thailand , with the peck preferring a negotiatory approach to dispute settlement . in the lead the Thai legal system was modernized victims would go to authorities for serious crimes such as murder or looting , 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 talks 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 b eing called upon to be the sole decision-maker in settling cases , the concept of restorative justice in Thailand in the end disappeared (Zhong , 2007CanadaCanada has been self-governing since 1867 . simply 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 waivedom . 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 ad dressed through the enactment of the Charter of Right! s and Freedom . The movement for a change started as early as post World war II when citizens lack for the protection of human rights and freedom . The principles embodied 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 province 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 .

in general , the research suggests that racism does exist throughout the justice system , but it is subtle and covert in nature The finesse which may be exercised by the justice system actors conjugate with the subtle and covert nature of racism , however ingratiatory may account for the absence of conclusive research purpose (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 . analyse the two legal systems above , it can be seen that the remainder between the efficiency of th! e two criminal justice systems 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 keep its independence . This however does not indicate 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 come through 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 change No such conflict existed such as that undergo by the Thais . The system of law itself was efficient in Canada . It change 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 least 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 pitch protocol /geography .about .com / program depository library /cia /blccanada .htm hypertext transfer protocol /geography .about .com /library /cia /blccanada .htmAmnesty outside(a) (October 10 , 2003 . Thailand : Executions must stop . Amnesty world(prenominal) cut Release . 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