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Overcrowded Thai Jails Are Part Of A Vicious Circle


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EDITORIAL

Overcrowded jails are part of a vicious circle

By The Nation

Far too many people in Thailand are jailed for petty offences while the big criminals escape justice

News that the overcrowded Thai prison system is being inundated with more prisoners than the Corrections Department can accommodate is a wake-up call - not just on the increasing crime rates in Thailand but also on how our society may need to rethink the issues of crime and punishment.

At present, there are 200,000 inmates, while the country's 143 jails are only designed to house 140,000. The 10,000 prison officers are also over-stretched. The appropriate ratio of officers to prisoners should be 1 to 5, but the current situation is 1 staff member for 20 prisoners. Inevitably this leads to stress both for the staff and the prisoners.

Crucial to the understanding of this situation is that 60 per cent of prisoners are in jail on drug-related offences or charges. Within this group, 60 per cent are incarcerated because they cannot afford to bail themselves out.

This indicates that poor offenders do not have the same de facto right to bail as richer offenders. And as a result, taxpayers pick up the prison bill. This is doubly unfortunate, given that many are small-time offenders. Perhaps some form of community service might be the best punishment for these people instead of letting them linger in jail.

With prisons at breaking point and the costs of maintaining both them and their inmates ballooning, it's time to think about how we can put more investment and effort into crime prevention and deterrence. Chartchai Suthiklom, director-general of the Corrections Department, is requesting Bt8 million more next year to help the department develop jails and boost staff capacity. This is all very well, but how much is the government spending on crime prevention?

A quote from Chartchai is telling: "Even though we are able to arrest major drug-dealers and detain them in jail, many people outside our jails are ready to become the new drug-dealers."

That message is a clear indication of the need to take a multi-dimensional and holistic approach tackling drug offences and related crimes. We must recognise that merely arresting and imprisoning more criminals won't solve the problem in the long run. As long as the preconditions for drug abuse and drug crime exist, we will continue in a vicious circle of crime and imprisonment.

The government and universities might want to consider in-depth studies of drug problems, related crime, and the justice system in Thailand. More ideas on the prevention and deterrence of crime, and the function of the prison system, are urgently needed. If we do not act soon, Thailand will end up having to build more jails and increase its prison population - a never-ending scenario that the United States has fallen victim to.

Studies should be conducted to ascertain whether the Thai judicial system is sending too many people to jail, and what the alternatives might be. Studies should also be conducted on what families and schools can do to prevent youth crime, and to prevent the vicious cycle of crime and punishment beginning at an early age.

In principle, we must be more willing to allow petty criminals to repent and receive a fresh start in life. This will only come from deep reflection and Buddhist compassion. And ultimately, any rethink of the prison system and the dispensation of justice should involve the public as well as prisoners themselves. If we leave this problem to fester, we will face serious consequences in the long term.

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-- The Nation 2010-08-10

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This indicates that poor offenders do not have the same de facto right to bail as richer offenders. And as a result, taxpayers pick up the prison bill. This is doubly unfortunate, given that many are small-time offenders. Perhaps some form of community service might be the best punishment for these people instead of letting them linger in jail."

In what country does the poor offender have as much access to bail as the rich one

Yes a properly run community service program would go a long way towards easing the situation. A added bonus would be the improvment in community's be it physical or mental. Also there are a lot of first time offenders who go to jail and learn new ways to break the law. A community service program would help stem that problem.

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Thailand drug laws are arcane so they could start by decriminalizing possession of small quantities of drugs.

At the moment according to the Thai Narcotics Act (http://en.oncb.go.th/document/Narcotics%20Act%20B.E.2522%20p10-40.pdf)possession of less than 1.5 gram of category-1 drugs (heroin, amphetamines, cocaine) carries a prison term of 1-10 years, or a penalty of 20thou-200thou baht or both.

From 1.5 gram to 20 gram you’re looking at 4 years to life and a fine of 400thou-5 million.

Over 20 gram it’s either life or the death penalty and a fine of 1-5 million baht.

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That message is a clear indication of the need to take a multi-dimensional and holistic approach tackling drug offences and related crimes. We must recognise that merely arresting and imprisoning more criminals won't solve the problem in the long run. As long as the preconditions for drug abuse and drug crime exist, we will continue in a vicious circle of crime and imprisonment.

Prevention and education is once more the key to lessen this problem. A single day in prison may turn a 'nearly-innocent' into a real criminal with the stigma attached to it.

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