An Inequality Reduction in Accessing Thai Criminal Justice Process by Community Justice Approach

Abstract

An inequality reduction in accessing to justice in Thai society through community Justices is a qualitative research whose aim is to explore possible approaches to employ the concept of community justice to effectively minimize unequal access to justice in Thai society. This research put together data obtained from the government officers in the ministerial level, provincial community justice agencies and community justice centers. The research finds that poverty, insufficient or false legal knowledge, abusive use of legal knowledge and power, absence of people’s participation in the justice process and limitations in other aspects, are the five main causes of inequality of access to justice. Moreover, the community justice process is able to minimize inequality of access to justice in Thai society through the preventive approach, which includes the provision of proper legal knowledge and sufficient assistance after a problem is occurred. Community justice process allows people in all areas of the country to be granted the justice they are fundamentally entitled to and access to fair services from the agencies in the justice process. The access to such service must be easy, convenient, fast, economical, and equal. The problems and obstacles from the incorporation of community justice approach to eliminate unequal access to justice include the lack of laws to enforce the process of community justice, the potential of the committees controlling the operation of community justice centers and community justice network, the absence of well-developed and effective mediation as well as the lack of effective enforcement of mediation outcomes. An appropriate and contextually derived developmental approach of community justice’s system and operation to minimize inequality of access to justice in Thai society encompasses the determination of the management mechanism of provincial community justice office.  Community justice centers should be categorized according their strength, while the exchange of knowledge between community justice centers and community justice network should be encouraged. The potential of new body of knowledge should be reinforced while existing body of knowledge should be constantly revised and improved. The reform of the structure of community justice centers is also crucial while agencies within the justice process should carry out visits to stay informed about current situations and problems people in local communities are facing.