Thesis
Criminal justice, sentencing and the reality of the fine in Thailand
- Creator
- Rights statement
- Awarding institution
- University of Strathclyde
- Date of award
- 2022
- Thesis identifier
- T16372
- Person Identifier (Local)
- 201889553
- Qualification Level
- Qualification Name
- Department, School or Faculty
- Abstract
- Despite criticisms about the imposition of fixed-sum fining and fine-default custody on those who are unable to pay, little has been known about the forces underlying such practices in many countries. This study fills this gap by investigating empirically how the fine operates in Thailand. It identifies factors behind the long-standing wealth-disproportionate and custody-reliant fining practices of Thai courts. This research finds that Thai judges tend to be indifferent to the unequal and disproportionate impacts of their income-insensitive fining practices. Such indifference is a product of rigid framing which is instigated by formalism, bureaucracy-centric preferences, and a moralising and essentialist worldview. This phenomenon is situational rather than dispositional, and there are at least three layers of contextual pressures responsible: ideological, organisational, and situational. This thesis argues that the ideology that underpins judicial practices originates from the order-centric Thai-ised conception of the rule of law. Organisationally, the Thai judiciary values and encourages homogeneity at the expense of criticality and constructive dissent. Situationally, Thai judges work under managerial pressures which demand speed and consistency. These three interactive layers of ideology, organisation, and situations co-create the three mechanisms by which judges’ rigid framing is entrenched and indifference is sustained. First, the comfort of following organisational conventions makes judges complacent about the perceived authorisation. Moreover, repeatedly seeing submissive defendants from the bench, without observing the backstage production of such portrayals, solidifies the sense of legitimacy. Second, the fragmented and routinised procedure gradually narrows judges’ outlook to the extent that efficiency can be equated to equity. Finally, the essentialisation and distancing inherent in the ‘rationalised’ process inadvertently degrades defendants to an inferior status where overly harsh but administratively convenient treatments seem warranted. Therefore, to initiate fining reform, these extra-legal underpinnings should be seriously addressed to avoid superficial proposals that will lead to implementation failure
- Advisor / supervisor
- Tata, Cyrus
- Wheate, Rhonda
- Resource Type
- Note
- This thesis was previously held under moratorium from 20th October 2022 until 20th October 2023.
- DOI
Relations
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PDF of thesis T16372 | 2022-10-20 | Public | Download |