Globalization and Restorative Justice: in the Thai Criminal Justice System

Jutharat Ua-amnoey*

The other transnational corporations are classified as "non profit international organizations " or "global civil societies. " These types of organization are common throughout the world and this network allows people to learn of problems and solutions from each other. Therefore, these organizations can help governments solve similar patterns of social problems in their countries. Boll and Thomas (1997; Limmanee, 1999, p. 136) said that these non-profit international organizations always claim the principles of universalism, individualism from rational voluntary authority and world citizenship in order to perform their activities.

As a result, globalization in restorative justice might influence the state, the society, and the Thai criminal justice system through two district but interconnected network: the state system and the non-profit international organization.

Last but not least, the "Outside-in" factor of restorative justice that influences the Thai criminal justice system is the

adoption of the change agents in the criminal Justice process. Malvin Kranzberg (1997, p. 204-205) explained that social change theory is interested in the role of the change agents in adoption innovation and their intention to disseminate it by using the core element, namely the interaction and corporation between the representative of the giver and the receiver. Therefore, the change agents who have participated in the global organizations' activities might adopt restorative justice as an alternative dispute resolution and may then introduce this concept to Thai society.

Thus, I believe that there are three mains factors, namely the international system or, the state system, the non-profit international organization or global civil society and the adoption of the change agents in the criminal, justice process that are the framework for the outside-in factors explaining how restorative justice came to be adopted by Thai society.

The Inside-out Factors
On the other hand, the problems of the court-based system itself are another important factor that must be considered. Kittipong Kittayarak (1999, p. 47-64) used his research data to present a picture reflecting the crisis in overcrowded prisons. His findings showed that the Thai criminal justice system:

I) Is totally taken over by the state, throughout the whole system, and leaves no space for community and civil society to become involved in their activities.
2) Has a punitive approach to treating offenders but is absolutely negligent in terms of paying attention to the victims of crime.
3) Tries to pull the caseload into the system, having only a few programs to encourage coming to a resolution in the community.
4) Overuses imprisonment as a means of punishing offenders. As a consequence, the prisons and juvenile training schools quickly become overcrowded.

Based on this research, we can infer that both of the outside in and inside-out factors have affected the paradigm shift in the Thai criminal justice system, as shown by the model in Figure I .

Research Assumption
Three assumptions guided this research:
I) The Thai criminal justice system confronted the crisis situation. In particular, it had to face complex problems stemming