Thai legal experts query need for crime re-enactment

[webfact]

Legal experts query need for crime re-enactment
Opas Boonlom,
Patinya Iamtan,
Chanikarn Pumhirun
The Nation



BANGKOK: -- The police handling of the investigation into the recent murder of Akeyuth Anchanbutr has whipped up controversy and criticism. The police are not required by law to include a crime re-enactment in their investigation, but why do they, including those handling the murder case of Akeyuth, still make suspects re-enact a crime they allegedly committed despite the risk of human rights violations?

Courts are no longer allowed to accept as evidence suspects' accounts during their re-enactment of serious crimes after laws were amended to prevent a repeat of some high-profile criminal cases in which scapegoats were convicted.

A common scene at any crime re-enactment is police "dictating" to their suspects, such as carrying out actions as a sort of wrap up by police of their investigation. For instance, during a re-enactment, if the suspect hits a "victim" on his leg, police will instruct the suspect to also hit his head, if the victim had a head injury.

A Metropolitan Police specialist said a re-enactment is important for an investigation because each criminal or each gang behaves differently in committing a crime. Details on how criminals commit each crime help the police understand the pattern of a crime. This can help them track down other criminals showing the same behaviour pattern and help reduce the loss of life and property.

Crime re-enactments must be kept for future investigation, he said.

Jessada Anujari, a director of the Law Society of Thailand, disapproves of the practice, especially when police dictate to the suspects. He said a re-enactment is superfluous if suspects have already confessed to a crime.

Re-enactments are not common in foreign countries.

How much weight is given to re-enactments at trials?

Sri-amporn Salikup, chief justice of the Supreme Court, said a re-enactment provides an imaginative model of how the crime is committed.

For crimina l cases liable to over five years imprisonment, the court will not consider suspects' testimony during police investigations, whether confessions or denials. A confession is not enough for conviction and police must provide evidence to prove that suspects committed a crime. If a suspect reverses his confession during a trial, then the re-enactment is meaningless, he said.

Paiboon Warahapaitoon, a member of the National Human Rights Commission, said the independent organisation had asked police to consider human rights during re-enactments because suspects are regarded as innocent until proven otherwise.

The widely publicised murder of Thai-American teenager Sherry Ann Duncan in 1986 was an example of a miscarriage of justice. The court, under the old law, accepted confessions made during police investigations into its decision to convict four suspects.

The ill-conceived police investigation and the court's wrongful conviction of the four men in that that case have gone down in the country's history as a travesty of justice.

-- The Nation 2013-06-17

[noitom]

The Thai re-enactment is an effort to showcase the plethora of police currying attention, favor and credit. Nothing about it increases judicial equality, rights or due process. Merely a police spectacle.

[NongKhaiKid]

Ohh come on, forget the legal niceties and human rights violations as it gives the BIB, especially senior ones, a chance to star on TV and if they are really lucky the cast of thousands can all get to point at the same time.

Don't be spoilsports.

[Thai at Heart]

At least it proves that the suspect is still alive and didn't miraculously expire on a piece of chewing gum during interrogation.

[NongKhaiKid]

i've got it, why doesn't Thailand petition the International Olympic Committee for the introduction of a new Olympic event - Synchronized Police Pointing !

[ramrod711]

The reenactments are so the police can be on television, ever notice how many police can gather around the camera, looks like a world record attempt.

[geriatrickid]

Does an accused have the legal right to refuse to participate?

Does the victim of a crime have the right to decline the point at the perp photo op?

I am an avid reader to the local newspaper crime sections. I find it amusing to look at some "victims" who come from cultures that are violently homophobic and who are posing in photos pointing at male prostitutes or transvestite hookers who are accused of stealing something from these "victims".

[chooka]

They seem more like a photo opportunity and we all know how much the BIB love being in the media.

I do believe that in certain circumstances there is a need for a re enactment/walkthrough of the crime but definitely not for all crimes. I have been involved in a couple for serious crimes and they were definitely done privately with minimal police and definitely NO media.

[chooka]

Does an accused have the legal right to refuse to participate?

Does the victim of a crime have the right to decline the point at the perp photo op?

I am an avid reader to the local newspaper crime sections. I find it amusing to look at some "victims" who come from cultures that are violently homophobic and who are posing in photos pointing at male prostitutes or transvestite hookers who are accused of stealing something from these "victims".

I don't know about Thailand but where I am from they do not have to partake in a re enactment. They are given their rights ie:

You are not obliged to say or "DO" anything, but anything you say or "DO" maybe recorded and given in evidence.

[NongKhaiKid]

Does an accused have the legal right to refuse to participate?

Does the victim of a crime have the right to decline the point at the perp photo op?

I am an avid reader to the local newspaper crime sections. I find it amusing to look at some "victims" who come from cultures that are violently homophobic and who are posing in photos pointing at male prostitutes or transvestite hookers who are accused of stealing something from these "victims".

I don't know about Thailand but where I am from they do not have to partake in a re enactment. They are given their rights ie:

You are not obliged to say or "DO" anything, but anything you say or "DO" maybe recorded and given in evidence.

I fully support this, exactly the same during my service. Enactments were only used in serious cases and very carefully handled. The suspects could not be compelled to take part and the media were most definitely controlled unlike here where the media and their cameras are literally in everyone's face.

The whole looks exactly what is is, a circus and reflects no credit or professionalism whatsoever but TIT and everyone's happy.

[Thai at Heart]

Does an accused have the legal right to refuse to participate?

Does the victim of a crime have the right to decline the point at the perp photo op?

I am an avid reader to the local newspaper crime sections. I find it amusing to look at some "victims" who come from cultures that are violently homophobic and who are posing in photos pointing at male prostitutes or transvestite hookers who are accused of stealing something from these "victims".

I don't know about Thailand but where I am from they do not have to partake in a re enactment. They are given their rights ie:

You are not obliged to say or "DO" anything, but anything you say or "DO" maybe recorded and given in evidence.

I fully support this, exactly the same during my service. Enactments were only used in serious cases and very carefully handled. The suspects could not be compelled to take part and the media were most definitely controlled unlike here where the media and their cameras are literally in everyone's face.

The whole looks exactly what is is, a circus and reflects no credit or professionalism whatsoever but TIT and everyone's happy.

I am sure that the accused has been attacked during these reenactments. One day, someone is going to get shot or lynched. They are a circus and prove absolutely zero.

I saw on TV the other morning a woman accused of petty theft shielding her face from the cameras. They allowed some of her victims to manhandle her to show her face while the police sat back and giggled.

Plain public assault on TV. All quite medieval

[trainman34014]

I was teaching some teenagers English two years back and i asked them what they wanted to do when they left school. One boy said he wanted to be a Policeman so i asked why? He said because they get a lot of money from people and get on TV a lot. I said 'Nothing to do with fighting crime or upholding the law then? ' He said...'No; my friends Dad is a Policeman and they are rich because of him '. !!

[OzMick]

Actually carrying out a task gives a far better memory imprint than classroom coaching. When dealing with a poorly educated stooge you are setting up for a crime, having him re-enact it will allow him to give far better evidence at his trial which will probably not occur for some months.

[OzMick]

Does an accused have the legal right to refuse to participate?

Does the victim of a crime have the right to decline the point at the perp photo op?

I am an avid reader to the local newspaper crime sections. I find it amusing to look at some "victims" who come from cultures that are violently homophobic and who are posing in photos pointing at male prostitutes or transvestite hookers who are accused of stealing something from these "victims".

Strangely, I also tend to become "violently homophobic" when "male prostitutes or transvestite hookers" try to steal my wallet while I walk down the street, especially when they use the "hugger mugger" approach, embracing me while groping for my possessions.

[ianf]

Crime renactment? Just another stupid practise in a country of ........ silly people.

[bigbamboo]

The Thai re-enactment is an effort to showcase the plethora of police currying attention, favor and credit. Nothing about it increases judicial equality, rights or due process. Merely a police spectacle.

It's the closest thing they have here to a Thai cop show.

[chooka]

Actually carrying out a task gives a far better memory imprint than classroom coaching. When dealing with a poorly educated stooge you are setting up for a crime, having him re-enact it will allow him to give far better evidence at his trial which will probably not occur for some months.

Re enactments only benefit the prosecution and not the accused. The accused doesn't have to prove his innocence in fact he doesn't have to prove anything. The onus is entirely on the prosecution to prove beyond all reasonable doubt that the defendant is guilty. If the police conduct a thorough investigation and collect all evidence then they will not have the need to rely on the accused to incriminate him/herself.

[chooka]

The reenactments are so the police can be on television, ever notice how many police can gather around the camera, looks like a world record attempt.

Back in 2007 I was part of an exchange program, Thai cops to Aust and Aussie cops to Thailand. (yes a junket all expenses paid 3 month holiday) All I did was follow a few senior members of the BIB around like a lost puppy. They had an offender in and he was displayed to the media as a trophy. The two senior members I was assigned to had nothing to do with the investigation but took me into the media room to observe, they then stood behind the offender for the photo op and asked me to join in. I initially declined but they insisted. A couple of quick pics then it was off for a free lunch.

[scorecard]

Quote from The Nation piece: "............................. still make suspects re-enact a crime they allegedly committed despite the risk of human rights violations?"

Add:

- And despite the fact that the alleged perpetrator may well twist the 'enactment' to make his/her case look better, perhaps from advice from a lawyer, or whoever

- And despite the fact that the alleged perpetrator may well act out a scenario which is totally different to the truth

- And despite the fact that the alleged perpetrator may well act out a scenario which he/she becomes convinced that the police want to see.

[FireMedic]

Now I wish they could just dump the flip flops and pointers!! In what other countries do you ever see any people, faces, flip flops or people pointing in real crime scene photos? Never! When do you ever see cops line up a bad guy and every ranking officer who had nothing to do with the case come in and point at the bad guy? These guys have no idea what they are doing...

[OzMick]

Actually carrying out a task gives a far better memory imprint than classroom coaching. When dealing with a poorly educated stooge you are setting up for a crime, having him re-enact it will allow him to give far better evidence at his trial which will probably not occur for some months.

Re enactments only benefit the prosecution and not the accused. The accused doesn't have to prove his innocence in fact he doesn't have to prove anything. The onus is entirely on the prosecution to prove beyond all reasonable doubt that the defendant is guilty. If the police conduct a thorough investigation and collect all evidence then they will not have the need to rely on the accused to incriminate him/herself.

Which part of "setting up a stooge" didn't you understand?

[chooka]

Actually carrying out a task gives a far better memory imprint than classroom coaching. When dealing with a poorly educated stooge you are setting up for a crime, having him re-enact it will allow him to give far better evidence at his trial which will probably not occur for some months.

Re enactments only benefit the prosecution and not the accused. The accused doesn't have to prove his innocence in fact he doesn't have to prove anything. The onus is entirely on the prosecution to prove beyond all reasonable doubt that the defendant is guilty. If the police conduct a thorough investigation and collect all evidence then they will not have the need to rely on the accused to incriminate him/herself.

Which part of "setting up a stooge" didn't you understand?

My apologies. I was actually agreeing with. I meant to prefix my comment with I agree.

[hellodolly]

They seem more like a photo opportunity and we all know how much the BIB love being in the media.

I do believe that in certain circumstances there is a need for a re enactment/walkthrough of the crime but definitely not for all crimes. I have been involved in a couple for serious crimes and they were definitely done privately with minimal police and definitely NO media.

I can understand the walk through for possible missed information .

Possibly help in future profiling. What I can not agree to is making it a public spectacle.

the police are almost as eager for a photo op as Yingluck.

edit

Much as I hate to admit it they are more use to the public than her.

Edited June 17, 2013 by hellodolly

[darren84310]

Please don't stop the reenactments. As they're so much better than Thai soaps, the actors especially are a lot more talented.

[Baerboxer]

Does an accused have the legal right to refuse to participate?

Does the victim of a crime have the right to decline the point at the perp photo op?

I am an avid reader to the local newspaper crime sections. I find it amusing to look at some "victims" who come from cultures that are violently homophobic and who are posing in photos pointing at male prostitutes or transvestite hookers who are accused of stealing something from these "victims".

I don't know about Thailand but where I am from they do not have to partake in a re enactment. They are given their rights ie:

You are not obliged to say or "DO" anything, but anything you say or "DO" maybe recorded and given in evidence.

Yes but you come from a country with a professional police service that enforces law and order impartially and respects human rights.

Most UK and European police officers that I've known do not want to appear plastered all over the media looking like clowns from a circus show.

[steveyinasia]

I was teaching some teenagers English two years back and i asked them what they wanted to do when they left school. One boy said he wanted to be a Policeman so i asked why? He said because they get a lot of money from people and get on TV a lot. I said 'Nothing to do with fighting crime or upholding the law then? ' He said...'No; my friends Dad is a Policeman and they are rich because of him '. !!

This pretty much sums it up.

[Lancelot]

We the news consumers have been punished enough. Please no more crime reenactments in the news!

[clockman]

Third world, and always will be!

[lostmebike]

Please don't stop the reenactments. As they're so much better than Thai soaps, the actors especially are a lot more talented.

Got to agree with this post!

[bangon04]

"Jessada Anujari, a director of the Law Society of Thailand, disapproves of the practice, especially when police dictate to the suspects. He said a re-enactment is superfluous if suspects have already confessed to a crime."

For years I was under the impression that the re-enactments were just part of the confession by criminals who were caught and wanted to cut a deal for clemency.

How naiive I was......I am older now.