Judicial Activism

6. Perform Thai DNA database: Crime control and Due process

The way to prevent and suppress is crucial. State should be concerned how to prevent the murder case occurring. The police officer will have a time to concentrate more if the case is less. However, current statistics show the opposite way while the number of police officer still be the same but the trend of the murder case rises rapidly. Therefore, to protect the error of due process, according to Brian Forst refers “Due process errors associated with the absence of professionalism are exemplified by police placed in positions of significant authority without adequate training or experience.”

As Robin Williams and Paul Johnson stated that “Central to a due process focus is the

These poor people need to come to the Court of Justice in the hope of managing their problems and distress. Thus, courts have interpreted this in the Judicial Activism.

According to Keenam D. Kmiec explains "Judicial Activism" means that the court does not want to be limited to the extent that the judgment must follow from one line. The trial judge is directed by the courage and social policy because such a trial will contribute to creating social justice. The Judicial Activism appeared first in the United States legal system, which uses the Common Law, but most progress in “Judicial Activism”.

Although Thailand and Portugal use the Civil Law legal system the common law can still apply in Thailand and Portugal. Even Germany and France, where the court is authorized by Civil Law, it still uses the principle of the Judicial Activism. If the judge has a justification and explanation to the social reality and to provide a public benefit, it would be good for the justice of Thailand and Portugal.

Portugal as well as civil law legal system, the judge's decision should be interpreted by taking into account the benefits involved rather than just the value of the written

“Recently it has become clear that DNA is not only useful to police officers and lawyers in strengthening cases against suspects.In fact, DNA has become extremely helpful to suspects and their defense at-torneys in proving innocence.” The government should have the budget to support the poor people who need the DNA. The government should set the development process of DNA evidence in litigation as a major priority by allocation the budget for achieving the trust of society and the country's future.

(iii) Developing technology and scientific materials to support a legal officer working to do the job more flexible and up to date.

(iv) Developing forensic science agency to achieve the objective of gaining confidence from citizen and justice organization. The government should have the standard to affirm the specialists in an international level. In addition, the government should have DNA database identification that can collect the genetic code of the citizen in the computer system as soon as possible which can verify the accuracy.

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