Abstract:
The study consisted of the following objectives: 1) to analyze context, current problems of a development process, and concepts in the development of special measures in place of juvenile and family prosecution according to the modern science; 2) to analyze the Buddhist peaceful means for developing special measures in place of juvenile and family prosecution; and 3) to present a development process of special measures in place of juvenile and family prosecution by Buddhist peaceful means at Chonburi Juvenile and Family Court. The study employed an action research. The tools were developed based on Ariyasacca (the four noble truths) model under 9-step framework.
From the study, the following results are found:
1) Problems of using special measures include the following: some aspects of special measures in place of juvenile and family prosecution still need to be improved as the special measures taken prior to the trial where Section 90 will be used are still frequently ineffective because victims must agree to a rehabilitation program for juvenile offenders, in which the juvenile offenders must feel guilty before the process can start. In practice, victims do not have the opportunity to negotiate or speak with the juveniles, or some victims believe it is a minor case, or some victims are private individuals, such as department stores, who do not want to negotiate, or some victims live in other cities. After the negotiation is finished, victims and juveniles accept to participate in the rehabilitation program, but there is no coordinator on duty that day. Although the rehabilitation period is typically short, it takes a long time for juvenile offenders to feel guilty, making it difficult to achieve significant correction, healing, and rehabilitation results.
2) The Buddhist peaceful means used in a development process of special measures in place of juvenile and family prosecution include Bhāvanā (the four development), which is the development of juveniles in various aspects. This includes Kāya-bhāvanā, a physical development as well as occupational development, so that juveniles can coexist in society with discipline; Sīla-bhāvanā, a moral development through attending morality camp or ordination in order for juveniles to develop themselves and start dāna (giving) and helping others; Citta-bhāvanā, an emotional development for juveniles to control their emotions and those of others, as well as to cultivate loving-kindness and compassion; Paññā-bhāvanā, an intellectual development so that juveniles can solve problems using wisdom instead of emotions, as well as forming positive relationships with family.
3) The special measures in place of juvenile and family prosecution by Buddhist peaceful means at Chonburi Juvenile and Family Court includes a process that prevents juveniles from repeating the same offence. Regarding the treatment of victims through special measures in place of juvenile prosecution, some sections such as section 90, should be improved by allowing the coordinator, who is an associate judge, to handle the juvenile cases more quickly. When there are cases that juvenile offenders feel guilty prior to trial, the coordinator should speak with victims, as victims must participate in the planning of the juvenile rehabilitation program. When juveniles enter the court-arranged rehabilitation program, the associate judge should develop plans and allow juvenile offenders to participate in various programs such as family relationship development, morality camp, ordination, receiving education, practicing discipline, vocational training, etc. All of these programs not only correct, heal, and rehabilitate juveniles, but also help victims rebuild a positive relationship and provide juveniles with another opportunity in society by finding them a job after the case is finished.