Hey guys!
I just want to stop by my blog that even I myself have not visited somewhat ......long time. Do you know, I am very busy - reading and writing - everyday! It is my job to complete my dissertation. 7 days a week, I keep doing it! I confess, in deed, it is very boring but no alternative choice! What I can do is just trying to think positively that it is fun to read many books, articles and secure those beneficial ideas to formulate the" new one" on behalf of my own!
I accidentally figure out other dissertations that is fairly similar to me. He was a judge in Israel and a SJD student at NYU School of Law. He wrote his dissertation about the confession admissibility in major leading legal system, composing of the United States, United Kingdom, and others in civil law countries such as German and Russia! Even though he wrote it in 1972, it is still workable and very useful. Surprisingly, his ideas and mine are coindentally similar!
My dissertation is relating to the Confession Admissibility as well. In my proposal outline, the legal concepts of the United States, England, Canada will be enunciated to compare with other civil law countries, but I pick up some European countries such as Germany and France as well as some Asian Countries such as Korea and Japan. The rationale of my selection is that Thai legal system has been influence from Germany and France as well as those two common law countries - America and England. Korea and Japan as well as Thai are influenced by the religious ideal of Buddhism; those countries still share the idea of constitutionalism and "democracy."
Study those legal systems might be useful to reconsider about Thai legal system. In present era, Thailand sham to assert its legal concept as the most progressive especially in criminal procedure area of law. It prohibits using a confession statement obtained instantly after arrest as evidence ! Very interesting, right? While other countries around the world consider confession suddenly given to police after being arrested is reliable because s/he does not have time to think about lying or its defense. Confession in this instan is trustworthiness and should be the strongest evidence to prove the defendant's guilt! Thailand seeks to rule it out by the present Criminal Procedure Code under section 84 clause 4.
While England adopted the Act in 2003 to allow the court to use co-defendant's confession statement as evidence to convict the defendant in the same proceedings, Thailand cuts the judicial discretion to admit such confession as evidence. While English rule under the Act of 2005 entitles absolute powers to police to arrest and release the accused on bail at the crime scence, etc, Thailand seeks to eliminate all police power and has not provided any tool to beat the crime! What are the reasons behide the bar? Police misconducts in Thailand might contribute to this phenomon! But, you know! Police misconducts are the normal phenomena in other countries as well. Then, we might have to think what the best ways to deal with this problem are! We do not forget that innocent has the right too! Society has limited resources! And there are various values that conflict one another that we have to cope with in the best solution !
The, we might have to reconsider whether this new law (2004) is the best solution for Thailand! Many questions may ensue from this law as followings examples! Did the policy-maker think or be cautious about the victims' rights? Did they consider about the effectiveness of law enforcement officer to prevent the crime? Did they forget that they were in charge of the duties to protect the innocent people from the criminal who violated and destroyed the social order? Did they .....whatever should be to balance the individual suspect's rights and right of society to convict the wrongdoer who broke the social peace and other relating values? Did the criminal justice would be disreputed because the system let the wrong go free on the high social costs?
There are many questions should be concerned prior to making any policy. Deeply studying about the legal concepts, the potential undesirable outcome stemming form the policy, etc, should be conducted! Thailand may need more the sophisticated legal scholars and criminlogist to reconsider and integrated both pure science and applied knowledge to reconstruct the legal policy to reach policy to balance various values! Hope that my study will be part of those and useful in the future!
Please MY LORD BUDDHA blesses you guys and please entitles me the enlightenments
I just want to stop by my blog that even I myself have not visited somewhat ......long time. Do you know, I am very busy - reading and writing - everyday! It is my job to complete my dissertation. 7 days a week, I keep doing it! I confess, in deed, it is very boring but no alternative choice! What I can do is just trying to think positively that it is fun to read many books, articles and secure those beneficial ideas to formulate the" new one" on behalf of my own!
I accidentally figure out other dissertations that is fairly similar to me. He was a judge in Israel and a SJD student at NYU School of Law. He wrote his dissertation about the confession admissibility in major leading legal system, composing of the United States, United Kingdom, and others in civil law countries such as German and Russia! Even though he wrote it in 1972, it is still workable and very useful. Surprisingly, his ideas and mine are coindentally similar!
My dissertation is relating to the Confession Admissibility as well. In my proposal outline, the legal concepts of the United States, England, Canada will be enunciated to compare with other civil law countries, but I pick up some European countries such as Germany and France as well as some Asian Countries such as Korea and Japan. The rationale of my selection is that Thai legal system has been influence from Germany and France as well as those two common law countries - America and England. Korea and Japan as well as Thai are influenced by the religious ideal of Buddhism; those countries still share the idea of constitutionalism and "democracy."
Study those legal systems might be useful to reconsider about Thai legal system. In present era, Thailand sham to assert its legal concept as the most progressive especially in criminal procedure area of law. It prohibits using a confession statement obtained instantly after arrest as evidence ! Very interesting, right? While other countries around the world consider confession suddenly given to police after being arrested is reliable because s/he does not have time to think about lying or its defense. Confession in this instan is trustworthiness and should be the strongest evidence to prove the defendant's guilt! Thailand seeks to rule it out by the present Criminal Procedure Code under section 84 clause 4.
While England adopted the Act in 2003 to allow the court to use co-defendant's confession statement as evidence to convict the defendant in the same proceedings, Thailand cuts the judicial discretion to admit such confession as evidence. While English rule under the Act of 2005 entitles absolute powers to police to arrest and release the accused on bail at the crime scence, etc, Thailand seeks to eliminate all police power and has not provided any tool to beat the crime! What are the reasons behide the bar? Police misconducts in Thailand might contribute to this phenomon! But, you know! Police misconducts are the normal phenomena in other countries as well. Then, we might have to think what the best ways to deal with this problem are! We do not forget that innocent has the right too! Society has limited resources! And there are various values that conflict one another that we have to cope with in the best solution !
The, we might have to reconsider whether this new law (2004) is the best solution for Thailand! Many questions may ensue from this law as followings examples! Did the policy-maker think or be cautious about the victims' rights? Did they consider about the effectiveness of law enforcement officer to prevent the crime? Did they forget that they were in charge of the duties to protect the innocent people from the criminal who violated and destroyed the social order? Did they .....whatever should be to balance the individual suspect's rights and right of society to convict the wrongdoer who broke the social peace and other relating values? Did the criminal justice would be disreputed because the system let the wrong go free on the high social costs?
There are many questions should be concerned prior to making any policy. Deeply studying about the legal concepts, the potential undesirable outcome stemming form the policy, etc, should be conducted! Thailand may need more the sophisticated legal scholars and criminlogist to reconsider and integrated both pure science and applied knowledge to reconstruct the legal policy to reach policy to balance various values! Hope that my study will be part of those and useful in the future!
Please MY LORD BUDDHA blesses you guys and please entitles me the enlightenments
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