Alternative Measures Instead of the Imprisonment for the Elderly who have Committed Criminal Offense of Thailand

Abstract

The purposes of this research article are to (1) study the theories and the concept of criminal punishments for the elderly; (2) comparative study on alternative measures in France and United Kingdom; (3) analysis and recommendations for appropriate measures on punishment, for elderly who committed criminal offense.

              Results indicate that (1) Criminal laws have alternative measures for youths, by considering age and maturity, but there are no alternative measures for the elderly; (2) On comparing French laws and alternative measures, electronic monitoring devices are used in lieu of imprisonment, according to Rehabilitation theory. For United Kingdom, using of electronic monitoring devices are used in lieu of imprisonment, by adopting the Incapacitation theory (3) Thailand ought to have an appropriate alternative punishment measure for elderly. Recommendations are: adopting the use of electronic monitoring devices for the elderly; and enact specific punishments for the elderly offenders in the Criminal Code, with the concept of criminal punishment of the Neo-Classical Criminology Administration, which supports the reduction of punishment, to individuals of differing mental and physical conditions.