Citation

Wijaranayarn P. J. Appl. Secur. Res. 2018; 13(1): 128-141.

Copyright

(Copyright © 2018, Informa - Taylor and Francis Group)

DOI

10.1080/19361610.2018.1387841

PMID

unavailable

Abstract

The objective of this research was to study the nature of the exercise of the discretion in passing a sentence on defendants by the Supreme Court justices on sexually indecent acts on women over the age of 15 and the factors related to the exercise of this discretion. The research used mixed method which employed both qualitative and quantitative methodologies. The result of the analysis showed that the circumstance of a case has the greatest effect on exercise of discretion. Other facts of a case were less factors supporting the exercise of discretion for the outcome in the form of a sentence. In addition some other facts were not found to be significant for the exercise of discretion. The analysis of related factors affecting the exercise of discretion showed that personal factors of the offenders had the greatest effect on the exercise of discretion whereas personal factors of the victims and circumstantial factors of the cases, laws and justices as well as the judgments of the Court of First Instance and the Court of Appeal were respectively found to have lesser effect. Additionally, it has also been found that personal factors of different justices in the Supreme Court were not significant for the exercise of discretion of the Supreme Court justices, except the factor of educational levels, which was statistically significant at the rate of 0.05. The objective of this research was to study the nature of the exercise of the discretion in passing a sentence on defendants by the Supreme Court justices on sexually indecent acts on women over the age of 15 and the factors related to the exercise of this discretion. The research used mixed method which employed both qualitative and quantitative methodologies.

Language: en

Keywords

Discretion; justices; sexually indecent act