Saturday, March 3, 2007

Thai Legal System, and Samut Prakarn

Since computer time and internet access are very limited, I haven't yet had the chance to share my experiences and my notes after visiting the High Court and Juvenile court last week...
This was an amazing opportunity and I'm very lucky that Rotarians and their friends were able to arrange it! It was an invaluable chance to learn about Thai law and the court system. We were welcomed at the state supreme court by a panel of the most senior administrative staff and the Head Judge. The senior female administrator gave a perfect presentation in English, and this reinforced the information I learned about the Thai legal system in order to prepare for the trip.
We were able to observe two trials--one criminal and one juvenile. For the second trial, we traveled from the local high court to the juvenile courthouse and were received graciously there as well. I had a few minutes after the trial to discuss family law and juvenile law with the panel of judges and the top judge-administrator. We compared sentencing procedures and guidelines, and learned about juvenile detention practices. When the juvenile defendant we saw is sentenced, they will consider: his school and community record, previous offenses, attitude/remorse after the crime, and his conduct both in and out of court during the trial and sentencing period.
Overall, the Thai civil law system is very similar in structure to the Western system. One very notable difference is that the mid level judges are chosen on more of a “jury” system and work on panels of two (or more). This was new information, and very interesting! The judges are not legal professionals and may not have law training. In fact, they have full time jobs in all kinds of non-legal fields and they take time off to “volunteer” when they are called to serve in the courts as panel judges. As I said, it's almost like jury service! Both of my host parents in Surat Thani have volunteered and been called to serve many times over a period of almost twenty years, and it is an honor for them. Now that they are taking more time to themselves (although they are not retired yet) they have more time to do this.
I can't wait to see the next court and meet more legal professionals. It looks like I am staying with a lawyer/accountant later in the trip, and I'm looking forward to it!

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