Factors Associated with the Failure of the Justice System

Abstract

This academic article aims to analyze and synthesize factors related to the failure of the justice system. These factors include 1) Systemic factors contributing to electoral corruption within the justice system, the abuse of power for personal or group gain or discrimination against the underprivileged 2) Structural factors stemming from inefficient organizational structures and mechanisms, excessive internal organizational focus, patronage systems and political, powerful or influential interference, leading to unfair law enforcement, inequality and difficulty for citizens to access justice, resulting in a lack of public trust in the justice system 3) Conflict factors, often influenced by political power within the justice system, particularly the police, undermining the independence and fairness of law enforcement, prioritizing compliance over equal adherence to the rule of law, leading to a lack of public trust and perceived injustice 4) Practice factors, stemming from organizational cultural limitations, insufficient oversight in certain operational procedures, lack of technology or its adoption and unequal legal practices, all contributing to a lack of public trust in the Thai justice system and 5) Privileged rule of law factors. Law enforcement is not driven by the principle of equality or the rule of law, but rather by the use of law as a tool for governance or to legitimize the elite. Legal rhetoric or pretexts are created to protect powerful perpetrators, particularly in politically motivated cases.