The application of criminological theories in sentencing in the court of first instance : a comparative study of Mala in Se and Mala Prohibita Offences in Bangkok Metropolis
Abstract:
This research aims to study the application of criminological theories in sentencing in the court of first instance, in Mala in Se Offence more than Mala Prohibita Offence by focusing on whether or not the four factors would influence to apply criminological theories. These factors are sex, age, length of working experience in position of judge and criminological studying in Bachelor degree or higher. The data were collected by questionnaire. The sample studied groups are judges in the Court of First Instance in Bangkok Metropolis, total 156 judges. And 5 Senior Judges are informal-interviewed. The data was analyzed to find percentage, frequencies, means, and the test for Correlations and Independent-Sample t-test at 0.05 statistical significant. The research found that the samples, with the qualifications according to the 4 factors, apply the criminological theories and the result is not significant at 0.05 statistical significant. By 5 Senior Judges are informal interviewed found that 4 factors are not related, because the court try to control the standard of sentencing result by the guideline in the tariff and Supreme Court review. In addition, Thai criminal procedure does not let the informations related to background of the defendants appear in the files because of not relating to the material issue of cases. By this reason, the judge and the quorum could not apply the criminological theories in sentencing.