Judicial indifference in criminal sentencing : explaining inequality of the Thai Fines

Tantikul, Thanyanuch (2024) Judicial indifference in criminal sentencing : explaining inequality of the Thai Fines. British Journal of Criminology, 64 (2). pp. 343-360. ISSN 0007-0955 (https://doi.org/10.1093/bjc/azad033)

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Abstract

Courts in many jurisdictions remain indifferent to criticisms for their overly harsh or unequal treatments. There has been a debate whether this is attributed to judges’ individual dispositions or rather their environments. This article contributes to this debate by offering evidence from Thai courts about their indifference to inequality generated by the wealth-insensitive fine and fine-default custody. It argues that judges are situationally driven to adopt rigid framing about justice when performing duties, as a result of which judges develop indifference to the ‘side-effects’ of their frame-influenced decisions. The findings imply the possibility that the same mechanisms may exist in other jurisdictions and underline the need to address indifference to prevent failure in reforming for a more egalitarian system.

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