Transcript of the above video: 

As the title of this video suggests, we are discussing the Confrontation Clause. This is one of those videos where I do comparative legal analysis between the American System and the Thai System and one of the glaring differences in both criminal and civil matters, deals with the issue of the Confrontation Clause. What do we mean by that? 

Well, under the US Constitution, it is an inherent right - noted in the Constitution - that one has the right to face one's accuser. That's not necessarily the case in Thailand. It's possible that one could see a case filed against them and you don't even see the counterparty, maybe except in circumstances where they have to give testimony and even then, they may not show up; again depending on the underlying facts in the given case. Which then sort of begs the question to my mind, like what are you doing in a case if the person who's bringing it won't even show up to Court. But leave that part of it aside. 

In the American system again, we have this notion you have a right to face an accuser. Again, Thai System is different. Again, it doesn't utilize the Common Law etc. but having observed the Thai Legal System and having had to deal with it directly myself under certain circumstances, I do have to say there is something to be said for the notions inherent in the Confrontation Clause. And for those, especially from the standpoint of, I think Thai legal scholars might want to take a look at it from the standpoint of lowering conflict. I say this because look, if somebody is not willing to come to the Court, in the United States if they don't show up, they dismiss the case. They just cite the fact that the plaintiff didn't show up; the person that brought the case. It's a little bit different with defendants, but with regard to plaintiffs, if you bring the case, the presumption is you need to be showing up in Court in order to prosecute the matter or to have the matter of adjudicated, again, depending on the context of the underlying facts in the case. 

That said, the thing to take away from this video is that's not necessarily the case in Thailand. You could end up finding yourself in a situation where you are being sued and the counterparty doesn't show up for prolonged periods of time throughout the process. That being said, those who may find themselves overwhelmed by legal proceedings here in Thailand, may want to contact a legal professional, gain some insight and guidance into how best to proceed.