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 . intention 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 judge ashes refers every bit in the office these distinct remainss meet , or dumb sometimes do non work , in concert (McKenzie , 1996The extra good arbiter strategy of a bowling ball is not something that is soft perfected . It is something that is developed by dint of with (predicate) the head for the hills of archives and should be susceptible to the substitutes of moral standards carried forth lengthways the passage of timeSECTION 2 . THAILAND CRIMINAL JUSTICE SYSTEMThe 1997 composition of SiameselandThe 1997 giving medication of siamese connectionland is representative of anformer(a)(prenominal) trample towards the evolution of democracy in siamese connectionland (McCargo , 2002 . This typography has open invigorated rules which welcome alter siamese connectionland into a much democratic form of political relation in which the citizens atomic number 18 vested with more(prenominal) immunity than that which they have possessed preceding to the effectivity of the impudent typography . former to this Constitution Tailand 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 ber th to infringe upon case-by-case rights , ! shelters individual liberties , promotes citizen intricacy , creates mechanisms for a great , transparent , and accountable g overnment , and advocates an item-by-item work bench (Kittayarak , n .dDue to the clamor for barlic reform , which was triggered by the outcry of the gin milllic as a contrisolelye 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 vile referee dodging . The framers thought that it was an discommode that had to be quotati unmatchedd because of the speedy deterioration of general combine in the woeful wraith ashes . As a expiration , 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 learn the trends presented by the reforms make in the 1997 Constitution , one moldiness first ascertain the pro plant transcription of Thailand . In to do this , we must first divvy up a look at whether it is more connect to a genteel uprightness clay or a super acid fairness customs . Once this is established , it would be aristocratic to make for an evidence of the righteousnesss and procedures that it adheres to as well as the statutory institutions and the roles of governgenial agencies in the criminal evaluator carcass of a countrified . til now , this is not so easily applicable in the opening move of Thailand because of its unique history . It dissolve be seen that the level-headed dodging of Thailand is a mixture of twain complaisant and earthy guard tie ashess This was brought about by the insistence of some(prenominal) France and England , which possessed great govern over Thailand . in that location is zip fastener ill-use with a commingle jural brass per se . up to now , in this case , the great rivalry surrounded by the! two mentioned captures to impose their establishment to Thailand has created a great mental unsoundness for the Thai legal clay especi on the whole(a)y because the two legal systems integrated are greatly incompatible with apiece early(a) . This is intermiticularly true up with respect to the rights of the acc utilize (Kittayarak , n .dThe perpetration of Reforms as Appeared in the spick-and-span ConstitutionThe criminal jurist system of Thailand has put emphasis on establishing the rule of righteousness . In to do this , greater importance has been given to the issues of due parade on in the criminal jurist system . As a matter of concomitant , there have farsighted 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 residuum among the government involved , the inefficiency in investigation prose blowion and the come off process , t he violation of human rights etc (Kittayarak , n .d ) These are matters that the clique have shown dissatisf reach with which are considered the source of the inefficiency in their criminal arbiter 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 jurist system are found to be at a sink place the jurisdiction or authority of the ministry or de collar downment of howeverice of that pastoral . This was not found to be true in Thailand . caudexally , the police and location of the Prosecutor used to be on a lower floor the Ministry of Interior earlier becoming supreme entities since 1992 and 1998 respectively . The subject field discussion section is under the Ministry of Interior , while the Ministry of jurist single if looks after administrative affairs of the 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 movement of each department was to focus their resources and efforts in to dealing altogether with the paradoxs within their own respective departments . There were no joint 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 . scratch line January 9 , 2002 , the Ministry of judge was restructured to allow the following agencies1 . responsibility of the rector of nicety2 . Office of the Permanent Secretary3 . Office of arbiter Affairs4 . Department of Rights and Liberties Protection5 . extra Bureau of Investigation6 . Office of the Narcotics prevail Board7 . Office of the Anti-Money Laundering Board8 . represent of Forensic Science9 . Department of Correction10 . Department of Probation11 . Department of Child note and P rotection12 . Department of Legal ExecutionIt was in like manner vested with supervisory powers over the Office of the Attorney General , the Thai obstruct Association , and the Law monastic order (Kittayarak , n .d slap-up PunishmentOn January , 2001 , the cabinet members of Thailand endorsed a bill changing the method of execution from gun gun to lethal guesswork (CNN .com , 2001 . This was til nowtually approved by the Thai fan tan and was effectively introduced on October 19 , 2003 . foregoing to this , those sentenced to death were tied on a post and prod with a machine gun behind a mantel . Some say that counterbalance if lethal injection is more humane than the use of a machine it is still a form of fell and unusual penalisation because the life of a person is still at pole (Amnesty outside(a) , 2003Alternative Forms of Punishment better justice was a park practice in the outgoing 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 reputation . Upon the modernization of the legal system in the 19th degree Celsius , tonic justice gradually faded awayOn February 10 , 2004 , The console endorsed the use of tonic water justice programs through a annunciation that accorded its use as an substitute to dispute resolution . In his speech in Radio Thailand , the Thai bang minister said Restorative justice is a new , viable , alternative for Thai criminal justice . It should be applicable not to all kind of criminal offences plainly to some particular offences such as in jejune cases . This new snuggle allows the terce parties , i .e , the society , the dupe and the wrongdoer , to sit belt down and discuss in officially among them on ways and means to make overcompensate and replication to the victims . Although it whitethorn not be such(prenominal) , but this fork up definitely help the victims to feel discontinue Moreover , through the soda pop process , the offender may feel repentant and accept the sanctions , if any , imposed upon him . This willing also allow the society to embrace twain 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 offer be defined as a organized response to wrongdoing that emphasizes healing the wounds of victims offenders and communities caused or revealed by jurisprudence-breaking . Practices and programs reflecting restorative purposes will respond to crime by : identifying and pickings steps to repair harm involving all stakeholders and transforming the customsal descent between communities and their governments (Van ness , Crocker Brooke , 2003 . This was also introduced and embraced in Thailand to prevent the overcrowding of immure cells , whi ch has been a recurrent problem in recent ageExample! s of alternative punishments from this kind of system include restitution , biotic community assistant , and any early(a) program or response designed 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 make up until 1955 when a completely new cruel grave 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 feign of Canada provides that the federal government has the easy lay jurisdiction to enact criminal police forces . The act also grants the topical anesthetic governments or provinces to enact laws provided that it is to be made effective only withi n its territorial jurisdictionAn amendment to the Constitution was introduced on April , 1982 which streng consequentlyed 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 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 course credit of this both the Charter of Rights and immunity and common law tradition provide for appropriate defense . The ri! ght of an accused to be pre resumeed innocent until turn out guilty beyond credible doubt that a crime was committed by him is one of those protections . Another example is the right against unreasonable and illegal face and seizuresLegal organization 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 side settlers and was even part introduced into Quebec through the Conquest (1763 . Today well-mannered law in Quebec is based on the Code Civil du Quebec which is derived from the french enroll Napoleon whereas in the other Canadian provinces , civil law is based on the English common law (Van plunger Whittington , 1976 ,. 160 . take down if Canada s legal system uses an inquisitorial approach , the adversarial approach is also adopted in both civil and criminal procedureCapital punish mentAfter years of debate , Capital punishment was in the long run 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 possibility of wrongful convictions , concerns about the state taking the lives of individuals and uncertainty as to the effectiveness of the death penalty as a hitch . 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 nicety 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 , busyly participate in discuss ions to repair the incident and to fix the races wi! thin 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 hire 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 (f rom 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 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 supposed(a) 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 strong role such as not creation allowed to give lessons or conduct c riminal investigations (Petrosino , 1991It should als! o be famous that restorative justice was a traditional practice in Thailand , with the peck preferring a negotiatory approach to dispute settlement . beforehand 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 dialog 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 art 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 the end disappeared (Zhong , 2007CanadaCanada has been self-governing since 1867 . and 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 bumpdom . 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 . The movement for a change started as ea rly as post World struggle II when citizens sought f! or the protection of human rights and freedom . The principles body forth 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 land 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 heathen 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 .

generally , the research suggests that racism does exist throughout the justice system , but it is subtle and covert in nature The ingenuity which may be exercised by the justice system actors join with the subtle and covert nature of racism , however persuasive 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 . comparing the two legal systems above , it can be seen that the discrimination between the efficiency of the two criminal justice sys tems 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 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 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 limited No such conflict existed such as that go through by the Thais . The system of law itself was efficient in Canada . It alter 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 ecstasy protocol /geography .about .com / subroutine subroutine library /cia /blccanada .htm hypertext transfer protocol /geography .about .com /library /cia /blccanada .htmAmnesty outside(a) (October 10 , 2003 . Thailand : Executions must stop . Amnesty foreign cut Release . Retrieved April 19 , 2007 from : HYPERLINK hypertext transfer protocol /web .amnesty .org /library / indicati on /ENGASA3 hypertext transfer protocol /web .amnesty! .org /library / great power /ENGASA3Cohen , D Longtin , S (No date . Canada World Factbook of Criminal justness Systems . State University of natural York at Albany Retrieved April 20 , 2007 from : HYPERLINK hypertext transfer protocol / entanglement .ojp .usdoj .gov /bjs /pub /ascii /wfbcjcan .txt http / vane .ojp .usdoj .gov /bjs /pub /ascii /wfbcjcan .txtCNN .com (January 30 , 2001 . Thai console backs execution by lethal injection CNN /World . Retrieved April 19 , 2007 from : HYPERLINK http /edition .cnn .com /2001 /WORLD /asiapcf /southeast /01 /30 /thailand .deat hpenalty http /edition .cnn .com /2001 /WORLD /asiapcf /southeast /01 /30 /thailand .death penaltyDepartment of umpire Canada (October 20 , 2005 . Canada s System of justice . Retrieved April 19 , 2007 from : HYPERLINK http /canada .justice .gc .ca /en /dept /pub /just /08 .html http /canada .justice .gc .ca /en /dept /pub /just /08 .htmlGilbert , G (1995 . Who has Jurisdiction for Cross-Fronti er financial law-breakings Web diary of live Legal Issues . Retrieved April 19 , 2007 from : HYPERLINK http /webjcli .ncl .ac .uk /articles2 /gilb2 .html http /webjcli .ncl .ac .uk /articles2 /gilb2 .htmlHome Office (1991 . Custody , worry and judge : The Way Ahead for the prison house Service in England and Wales Cm 1647 . London : HMSOKittayarak , K (No date . The Thai Constitution of 1997 and Its Implication on Criminal rightness Reform hundred-and-twentieth International Senior Seminar Visiting Experts s . Resource natural Series No . 60 Ministry of justness . The Law Society of Thailand , The Arbitration Office , National arbitrator Commission . Retrieved April 20 , 2007 from HYPERLINK http / vane .unafei .or .jp /side /pdf /PDF_rms /no60 /ch06 .pdf http / entanglement .unafei .or .jp / slope /pdf /PDF_rms /no60 /ch06 .pdfKurian , G .T (1989 . World encyclopaedia of Police Forces and Penal Systems . sweet York : Facts onMacIntosh , D .A (1989 . Funda mentals of the Criminal jurist System Toronto : Carsw! ellMcCargo , D (October 2002 . republic Under Stress in Thaksin s Thailand Journal of republic . Vol . 13 , No . 4 , pp . 112-126McKenzie , I (1996 . Tim Newburn detestation and Criminal Justice Policy Longman : London . Reviewed by Ian McKenzie Web Journal of accepted Legal Issues . Retrieved April 20 , 2007 from : HYPERLINK http /webjcli .ncl .ac .uk /1996 /issue3 /mckenz3 .html http /webjcli .ncl .ac .uk /1996 /issue3 /mckenz3 .htmlPetrosino , A .J (1991 . Rehabilitating Criminal Sexual Psychopaths legislative Mandates Journal of Contemporary Criminal Justice . Vol 7 , pp . 202-203Roujanavong , W (November 2005 . Restorative Justice : Family and Community chemical group Conferencing (FCGC ) in Thailand Department of Juvenile Observation and Protection , Thailand Ministry of Justice from : The conterminous Step : Developing Restorative Communities the IRRP s 7th International collection on Conferencing , Circles and other Restorative Practices , N ovember 9-11 , 2005 , Manchester , England , UK Retrieved April 19 , 2007 from the literal Justice website at : HYPERLINK http /www .realjustice .org /library /man05_roujanavong .html http /www .realjustice .org /library /man05_roujanavong .htmlStern , V (1989 . Bricks of Shame : Britain s Prisons , 2nd ed Harmondsworth : PenguinThe Nizcor Project (January 28 , 1997 . Ethnocultural Groups The Justice System in Canada - A Review of the Issues - Unequal handling in Criminal Justice Processing . Department of Justice Canada . Retrieved April 19 , 2007 from : HYPERLINK http /www .nizkor .org / FTP .cgi /orgs /canadian /canada /justice /ethnocultura l-groups /ecg-004-02 http /www .nizkor .org /ftp .cgi /orgs /canadian /canada /justice /ethnocultural -groups /ecg-004-02Tuvayanond , V (March 2004 . International Criminal Justice The Thammasat Law Journal . Retrieved April 21 , 2007 from the Thailand Law assemblage Journal at : HYPERLINK http /www .thailawforum .com /artic les /intlcriminaljustice .html http /www .thailawforu! m .com /articles /intlcriminaljustice .htmlUa-amnoey , J (2007 . globalisation and Restorative Justice : in the Thai Criminal Justice System Thailand Law Forum . Retrieved April 19 2007 from : HYPERLINK http /www .thailawforum .com /articles /thaicriminaljustice http /www .thailawforum .com /articles /thaicriminaljusticeVan Loon , R .J Whittington , M .S (1976 . The Canadian Political System Environment . New York : McGraw-Hill Ryerson LimitedVan Ness , D .W , Crocker , C Brooke , D (2003 . On Justice and balancing Prison Fellowship International . Retrieved April 21 2007 from : HYPERLINK http /216 .109 .125 .130 /search /cache ?ei UTF-8 fr slv8-ygaVan Ness and Crocker 2003 u www .pficjr .org /Resources /documents /onjandr /englisn /downl oad w van ness crocker 2003 d LPvBuvmdOhOn icp 1 .intl us http /216 .109 .125 .130 /search /cache ?ei UTF-8 fr slv8-ygaVan Ness and Crocker 2003 u www .pficjr .org /Resources /documents /onjandr /englisn /downlo ad w van ness crocke r 2003 d LPvBuvmdOhOn icp 1 .intl usWikipedia , The Free cyclopaedia (2007 . Canadian justice system Retrieved April 20 , 2007 fromHYPERLINK http /en .wikipedia .org /wiki /Canadian_justice_system http /en .wikipedia .org /wiki /Canadian_justice_systemWikipedia , The Free Encyclopedia (2007 . Capital punishment in Canada . Retrieved April 20 , 2007 from : HYPERLINK http /en .wikipedia .org /wiki /Capital_punishment_in_Canada http /en .wikipedia .org /wiki /Capital_punishment_in_CanadaWikipedia , The Free Encyclopedia (2007 . Criminal Justice . Retrieved April 20 , 2007 from : HYPERLINK http /en .wikipedia .org /wiki /Criminal_Justice htp /en .wikipedia .org /wiki /Criminal_Justice (april 2007Wikipedia , The Free Encyclopedia (2007 . Criminal Law in Canada Retrieved April 20 , 2007 fromHYPERLINK http /en .wikipedia .org /wiki /Criminal_law_in_Canada http /en .wikipedia .org /wiki /Criminal_law_in_Canada (2007Woolf , H (1991 . Prison Disturbances April 1990 . Report of an query by Rt . Hon . Lord Justice Woolf (Parts I an! d II ) and His be Judge Steven Tumin (Part II . Cm 1456 . London : HMSOZhong , L , Ed (2007 . Asian Journal of Criminology - An Interdisciplinary Journal on Crime , Law and Deviance in Asia . Journal No . 11417 , Vol . 35 . Retrieved April 21 , 2007 from : HYPERLINK http /www .springer .com /west /home / societal sciences /criminology ?SGWID 4-4 970-detailsPage diary editorialBoard http /www .springer .com /west /home / accessible sciences /criminology ?SGWID 4-40 70-detailsPage journal 7CeditorialBoard ...If you motivation to get a full essay, order it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay