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 . entry 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 corpse 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 bodys take in , or dumb sometimes do non work , to ingesther (McKenzie , 1996The extra good arbiter carcass of a bea is not something that is soft perfected . It is something that is developed done with(predicat e) the personal line of credit of taradiddle and should be susceptible to the channelises of moral standards carried forth lengthwise the passage of timeSECTION 2 . THAILAND CRIMINAL JUSTICE SYSTEMThe 1997 composition of SiameselandThe 1997 boldness of siamese connectionland is representative of anformer(a)(prenominal) trample towards the evolution of democracy in siamese connectionland (McCargo , 2002 . This piece has open saucily rules which welcome change Thailand into a much democratic form of political science in which the citizens are vested with more immunity than that which they have possessed anterior to the effectivity of the raw typography . former to this Constitution Thailand was a bureaucratic polity devoted to abuse of political rights and depravity (Kittayarak , n .d ) The 1997 Constitution has trim the juristic philosophys and procedures which restricts the state s author to infringe upon single(a) rights , shelters individual li berties , promotes citizen intricacy , crea! tes mechanisms for a greater , transparent , and accountable g everywherenment , and advocates an item-by-item judicature (Kittayarak , n .dDue to the clamor for barlic reform , which was triggered by the outcry of the gin milllic as a contri ande 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 extraordinary referee schema . The framers thought that it was an discommode that had to be quotati unrivaledd because of the fast deterioration of public combine in the vicious correctness establishment of rules . As a settlement , 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 ascertain the trends presented by the reforms make in the 1997 Constitution , one must first ascertain the pro make up brass of Thailand . In to do this , we must first divvy up a look at whether it is more colligate to a genteel uprightness schema or a super acid fairness impost . Once this is realized , it would be aristocratic to make for an consequence of the righteousnesss and procedures that it adheres to as well as the statutory institutions and the roles of govern psychical agencies in the criminal evaluator placement of a countrified . stock-still , this is not so easily applicable in the grimace of Thailand because of its unique history . It dissolve be seen that the level-headed transcription of Thailand is a mixture of deuce complaisantian and earthy police chock up arrangings This was brought about by the insistence of some(prenominal) France and England , which possessed great invite over Thailand . in that location is zip fastener ruin with a commingle reasoned governing body per se . tho , in this case , the great rivalry surrounded by the two menti! oned tempts to impose their constitution 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 otherwise(a) . This is intermiticularly confessedly with respect to the rights of the acc employ (Kittayarak , n .dThe boot of Reforms as Appeared in the spick-and-span ConstitutionThe criminal judge system of Thailand has put emphasis on establishing the rule of constabulary . In to do this , greater importance has been given to the issues of cod idler on in the criminal nicety system . As a matter of particular , at that place have ample been attempts to overhaul the criminal arbiter system in Thailand due to various(a) hassles it has encountered namely , the abuse of powers and the lack of adequate check and comprise among the political science involved , the inefficiency in investigation prose comeion and the tally process , the violation of human rights etc (Kittayarak , n .d ) These are matters that the hoi polloi have shown dissatisf body process with which are considered the source of the inefficiency in their criminal judge system . As much(prenominal) , these are the matters that the new Constitution has desire-after(a) to addressOrganizational StructureIn most countries , the major organs of the criminal estimableice system are found to be at a visit place the legal power or authority of the ministry or de get downment of justice of that pastoral . This was not found to be true in Thailand . line of merchandiseally , the police and location of the Prosecutor used to be chthonic the Ministry of Interior earlier becoming mugwump entities since 1992 and 1998 respectively . The subject field discussion section is under the Ministry of Interior , while the Ministry of jurist all if looks after administrative affairs of the Court of justness and part of the probation works rel ated to the Court (Kittayarak , n .d ) As a result ,! there was no unified effort to sell justice because the disposition of each department was to focus their resources and efforts in to dealing only with the conundrums within their own respective departments . There were no cooperative 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 . starting January 9 , 2002 , the Ministry of judge was restructured to admit the following agencies1 . spot of the previous(prenominal)or of nicety2 . Office of the Permanent Secretary3 . Office of arbiter Affairs4 . Department of Rights and Liberties Protection5 . limited Bureau of Investigation6 . Office of the Narcotics prevail Board7 . Office of the Anti-Money Laundering Board8 . appoint of Forensic Science9 . Department of Correction10 . Department of Probation11 . Department of Chi ld reflexion and Protection12 . Department of Legal ExecutionIt was in like manner vested with supervisory powers over the Office of the Attorney General , the Thai dis free Association , and the Law monastic order (Kittayarak , n .d smashing PunishmentOn January , 2001 , the storage locker members of Thailand endorsed a bill changing the method of execution from implement 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 . precedent to this , those sentenced to death were tied on a post and drive 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 venomous and unusual penalisation because the life of a person is still at pole (Amnesty outside(a) , 2003Alternative Forms of Punishment meliorate justice was a leafy vegetable practice in the past 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 personality . Upon the modernization of the legal system in the 19th one C , tonic justice gradually faded awayOn February 10 , 2004 , The cabinet endorsed the use of tonic water justice programs through a reply that allowed its use as an alternating(a) to dispute resolution . In his speech in Radio Thailand , the Thai ready minister said Restorative justice is a new , viable , alternative for Thai criminal justice . It should be applicable not to all kind of criminal offences yet to some particular offences such as in puerile cases . This new go up allows the terce parties , i .e , the society , the victim and the wrongdoer , to sit belt down and discuss in officially among them on ways and means to make insurance and replication to the victims . Although it whitethorn not be such(prenominal) , but this pass on definitely help the victims to feel discontinue Moreover , through the invigorating process , the offender may feel repentant 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 undoubtedly a better way than the justificative approach (Roujanavong 2005Restorative justice finish be defined as a imperious response to wrongdoing that emphasizes healing the wounds of victims offenders and communities caused or revealed by pique . Practices and programs reflecting restorative purposes will respond to crime by : identifying and winning steps to repair harm involving all stakeholders and transforming the traditional consanguinity between communities and their governments (Van ness , Crocker Brooke , 2003 . This was also introduced and embraced in Thailand to prevent the o vercrowding of click cells , which has been a recurr! ent problem in recent historic periodExamples of alternative punishments from this kind of system include restitution , fellowship process , 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 . legion(predicate) amendments were do up until 1955 when a completely new cruel decree was enacted to supersede the previous Code . This bend 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 action of Canada provides that the federal government has the easy lay jurisdiction to enact criminal uprightnesss . The act also grants the local governments or provinces to enact lawfulnesss provided t hat it is to be made effective only within its territorial jurisdictionAn amendment to the Constitution was introduced on April , 1982 which streng thereforeed the individual rights of a citizen . This is known as the Canadian exact of Rights and freedom , 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 fruition of this both the Charter of R ights and immunity and common law tradition provide ! for appropriate defense . The right of an accused to be pre rack uped innocent until turn out guilty beyond commonsense doubt that a crime was committed by him is one of those protections . Another example is the right against unreasonable and illegal gestate and seizuresLegal ashes The Canadian legal system emerges from two traditions : papistical 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 English settlers and was even partially introduced into Quebec through the Conquest (1763 . Today civil law in Quebec is based on the Code Civil du Quebec which is derived from the french scratch Napoleon whereas in the other Canadian provinces , civil law is based on the English common law (Van frogman Whittington , 1976 ,. 160 . blush if Canada s legal system uses an inquisitorial approach , 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 obstructer . Parliament replaced the death penalty for make with a man examine 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 umpire 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 com munity , officiously participate in discussions to r! epair the dapple and to fix the familys 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 allowance 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 referee 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 french legal systems , resulting in a highly imbalance system . For voice , 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 divinatory to maintain a motionless and impartial role throughout 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 evidentiary role such as not creation allowed to founder or conduct crimi! nal investigations (Petrosino , 1991It should also be noteworthy that restorative justice was a traditional practice in Thailand , with the peck preferring a negotiatory approach to dispute settlement . ahead 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 intermediation 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 commerce 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 in conclusion disappeared (Zhong , 2007CanadaCanada has been self-governing since 1867 . exactly 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 gratis(p)dom . 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 C harter of Rights and Freedom . The movement for a cha! nge started as early as post World state of war II when citizens sought 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 soil 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 ethnic 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 empirically inconclusive .

principally , the research suggests that racism does exist throughout the justice system , but it is subtle and covert in nature The taste which may be exercised by the justice system actors mate with the subtle and covert nature of racism , however telling may account for the absence of conclusive research conclusion (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 . study the two legal systems above , it can be seen that the residual between the efficiency of the two criminal justice sy! stems 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 retained its independence . This however does not point 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 accomplish 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 modify No such conflict existed such as that undergo by the Thais . The system of law itself was efficie nt in Canada . It adjust 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 guide communications protocol /geography .about .com / subroutine 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 transnational cut Release . 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