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Posted

The following is taken from a lawyer's web site in Thailand:

"Trials are normally held in open court, and the accused is presumed to be innocent until proven guilty. During trials, accused persons or their counsels can cross-examine prosecution witnesses and reexamine Defense witnesses. After that, the judge decides the sentence. A sentencing hearing may be held at which evidence of aggravating or mitigating circumstances from an offender’s background and the offender’s criminal behavior can be taken into account. Courts often rely on pre-sentence investigations by probation officers."

Which, on its face, seems to belie any need for getting to a verdict, except perhaps afterward (Sentence first, Verdict afterwards - Alice in Wonderland). I had thought that thye requirement was that the verdict be read to the defendant but apprarently that has gone the way of the dodo.

I realize that there's a need to expedite justice, but this seems a bit extreme. Comments?

Posted
The following is taken from a lawyer's web site in Thailand:

"Trials are normally held in open court, and the accused is presumed to be innocent until proven guilty. During trials, accused persons or their counsels can cross-examine prosecution witnesses and reexamine Defense witnesses. After that, the judge decides the sentence. A sentencing hearing may be held at which evidence of aggravating or mitigating circumstances from an offender’s background and the offender’s criminal behavior can be taken into account. Courts often rely on pre-sentence investigations by probation officers."

Which, on its face, seems to belie any need for getting to a verdict, except perhaps afterward (Sentence first, Verdict afterwards - Alice in Wonderland). I had thought that thye requirement was that the verdict be read to the defendant but apprarently that has gone the way of the dodo.

I realize that there's a need to expedite justice, but this seems a bit extreme. Comments?

When I read this it says that if you are found guilty then they do an investigation and/or have a sentencing hearing before sentencing which comes last....seems the right way to me.

Posted

The police (depending on the charges) do an investigation.

This investigation (and therefore the polices conclusions) are then passed on the district attorney. The D.A. decides if there is a case or not, at which point court dates are set. The trial allows the defendant to do exactly that... defend himself.

The police investigation could point towards guilt (for example) but if the D.A. does not think it will stand in court, then why bother wasting the stats (taxpayers) money.

Of course, this is for criminal charges...

For civil charges this procedure is different.

Posted

The way the media treats the accused here in Thailand, people are already "guilty" of crimes.

How many press conferences do the Thai police hold every day, with supposed criminals in tow?

Posted
How many press conferences do the Thai police hold every day, with supposed criminals in tow?

...being made to re-enact their crimes for the cameras.

Posted
How many press conferences do the Thai police hold every day, with supposed criminals in tow?

...being made to re-enact their crimes for the cameras.

That is because you get a reduced sentence for pleading guilty!!

TIT

Posted
Background to "Adventures in Thai Justice: Four Case Studies"

The grave abuses of the legal process detailed in these studies remain ...

These materials have broad implications for Thailand's future on the world ...

www.camblab.com/backgro1.htm - 7k - Cached - Similar pages

[ More results from www.camblab.com ]

for those who would like to see just how complicated and unjust the thai legal system can be , google "jeffrey race adventures thai legal justice"

sometimes the pages are unobtainable in thailand due to the unfavourable and highly critical nature of the articles.

they are certainly worth reading for anyone cotemplating using the thai legal system in an effort to obtain justice.

Posted
The following is taken from a lawyer's web site in Thailand:

"Trials are normally held in open court, and the accused is presumed to be innocent until proven guilty. During trials, accused persons or their counsels can cross-examine prosecution witnesses and reexamine Defense witnesses. After that, the judge decides the sentence. A sentencing hearing may be held at which evidence of aggravating or mitigating circumstances from an offender’s background and the offender’s criminal behavior can be taken into account. Courts often rely on pre-sentence investigations by probation officers."

Which, on its face, seems to belie any need for getting to a verdict, except perhaps afterward (Sentence first, Verdict afterwards - Alice in Wonderland). I had thought that thye requirement was that the verdict be read to the defendant but apprarently that has gone the way of the dodo.

I realize that there's a need to expedite justice, but this seems a bit extreme. Comments?

When I read this it says that if you are found guilty then they do an investigation and/or have a sentencing hearing before sentencing which comes last....seems the right way to me.

I think what's happened is that the bit about a guilty verdict has been left out. Other than that it is the normal process for western trials. Web law sites, particularly in Thailand, are not well written in general, and some have considerable innaccuracies due to translation.

Posted
Background to "Adventures in Thai Justice: Four Case Studies"

The grave abuses of the legal process detailed in these studies remain ...

These materials have broad implications for Thailand's future on the world ...

www.camblab.com/backgro1.htm - 7k - Cached - Similar pages

[ More results from www.camblab.com ]

for those who would like to see just how complicated and unjust the thai legal system can be , google "jeffrey race adventures thai legal justice"

sometimes the pages are unobtainable in thailand due to the unfavourable and highly critical nature of the articles.

they are certainly worth reading for anyone cotemplating using the thai legal system in an effort to obtain justice.

I was allowed to see one of these before the censors were roused from their slumbers and cut me off.

Jaw-dropping stuff, even for one who's been here several years and seen what I thought was a lot.

Thanks for the link.

I'll keep trying.

jb

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