Year 1958-1961

Scope and content :

1958-1961. The first field work trip of Moerman in Thailand. He spent almost 3 years to collected field data about the Lue society, tradition, culture, and daily life of Tai Lue community at Ban Phaed, Payao province. 3295 records of slide, photograph, punch card, letter, notebook, typescript, and map.

Repository : SAC

Extent and medium : 3295 records of slide, photograph, punch card, letter, notebook, typescript, and map.

Immediate source of acquisition or transfer : Donated by Michael Moerman, 2005.

System of arrangemant : The series is divided base on the periods of field work in Thailand.

Condition governing accessible and reproduce : Some restriction on access. To respect in intellectual property right, the original material (hard copy) may not allowed to access. Please contact staff if you need more information.

Creative Commons License : Attribution-NonCommercial-NoDerivs (CC BY-NC-ND)

Traditional Knowledge License : Traditional Knowledge Attribution Non-Commercial (TK A-NC)

Language : English/Thai

Script : English/Thai

Rule or convention : Collection, series and file level description based on ISAD(G)

1891. Reference : MM-1-21-235

Legal procedures

| May 23, 1969. Moerman spoke with the young prosecutors and experienced lawyers. Topics covered included 1) the appeal shall be entered when sentence given to the defendant by the Court of First Instance was quite severe. The appeal aims to request a reduction of the penalties. On the other hand, if the defendant's sentence from the Court of First Instance was not severe, it was quite rare to apply for a second appeal. 2) In 80% of the cases which occurred in Chiang Mai province, the accused confessed. 3) The people from the North most often confessed to the accusation. In reality, though, they had not committed the crimes. They confessed because they did not want to lose time and money involved in litigation. This was in contrast to people in Bangkok or in the South, where they were willing to sell land or to borrow money to be used for litigation purposes. | Punch card

Legal procedures

1892. Reference : MM-1-21-236

Children's courts

| March 17, 1969. Moerman talked to the clerk of the district court. Children under the age of 15 years who were accused would be sent to a juvenile court hearing, whereas those aged 15 years and over would be sent to the general court for an inquest. But in both cases, the court would send the defendants to the House of Detention for Children and Youth (for those aged 15-18 years), where they would be taken care of, and participate in vocational training. It was hoped that they would cause less problems when they were released. In a hearing for children and youth, the court needed to be more compromising, and not be as strict as general trials. | Punch card

Children's courts

1893. Reference : MM-1-21-237

Legal insanity

| February 15, 1969. In the murder case, the accused was close to the murder victim, who had raped his wife. This case had interesting complications, such as 1) Following the killing, the accused (whose wife was raped) was incapable of remembering the incident. 2) There was mental test of the accused by showing pictures from events which were associated to violence and rape. 3) It was necessary to detain the accused in the general prison because in Thailand there was no special hospital for a prisoner of unsound mind. 4) The court would not judge the case until the accused was capable of answering questions. In doing so, the court would consider the medical opinion in the trial. | Punch card

Legal insanity

1894. Reference : MM-1-21-238

Heroin

| December 19, 1968. The judge demonstrated the preparation for consumption of heroin to Moerman, and described the symptoms of those who were addicted to heroin. In order to prevent the use of children in trafficking heroin, the court had set a penalty for girls at two-years in prison, to set an example. | Punch card

Heroin

1895. Reference : MM-1-21-239

Antapha:n (Gangster)

| May 21- 23, 1969. Moerman collected information about the conduct of delinquent cases. Issues of interest were noted such as 1) Under the Constitution, Section 25, if delinquent suspects were unfairly held in custody, the persons could file a lawsuit to the court. 2) The delinquent-conduct accused filed a lawsuit to the provincial governor on the pretext of illegal retardation. 3) In the opinion of Patr, Thai law provided no clear definition on delinquent behavior. 4) Patr and Moerman held different opinions on the unfairness of the order to imprison the accused in the case of delinquent behavior. The accused had no opportunity for litigation. 5) In the trial that the accused was charged with a delinquent behavior, there was a tendency for the court to hear the evidence from only one side. And often the evidence mostly imputed the penalty against the accused. 6) Considering cases of delinquent behavior, Moerman believed that in Thailand Executive Power prevailed over Judical Power. | Punch card

Antapha:n (Gangster)

1896. Reference : MM-1-21-240

Antapha:n (Gangster)

| June 1969. Moerman collected information on delinquent behavior cases. Issues of interest noted include 1) The Governor of the province had to testify at the court in the trial of the case of an accused ‘conduct of villain’ 2) The two plaintiffs were detained for over three months because of an allegation of delinquent behavior. 3) Police suspected that the two plaintiffs purchased stolen motorcycles. However, due to insufficient evidence, the plaintiffs were temporarily incarcerated. | Punch card

Antapha:n (Gangster)

1897. Reference : MM-1-21-241

Court procedure

| Bordin interviewed the notary about the steps and measures for complaints to the trial court. The discussion included the use of court writs as commands in the trial | Punch card

Court procedure

1898. Reference : MM-1-21-242

Court procedure

| March 12, June 12, 1969. Moerman collected data at the court on issues of interest such as 1) An official who received complaints would receive the complaints and collect fees for the operation of the court. 2) Upon receiving a complaint, the court would send the case to the defendant for acknowledgement. 3) Prior to the hearing, the judge would then arrange for the attorneys of the plaintiff and defendant to discuss the arguments during the trial. They would also discuss which party should present the evidence, this was called "Ka Praden,” which meant that which point would be at issue. Issues that did not appear in the indictment could not be added during the trial. 3) In the daily report is a note is made of all cases and a summary of all cases. | Punch card

Court procedure

1899. Reference : MM-1-21-243

Court procedure

| January 29, March 18, 1969. Moerman noted issues of interest about the court: 1) In the case that the accused was a minor (under age 17 years) and for the accused whose age was 18-19 years, punishment by the judge would not be serious. However in the case of an accused over the age of 20 years, the penalties would be considered equivalent to those of an adult. 2) Rules and procedures for the auction of property which was confiscated from the accused. 3) For filing an appeal it should take about 60 days, but often it took more than 6 months. 4) The chief judge would assign cases to judges on a daily basis, then the court clerk would sent the complaint to each judge. | Punch card

Court procedure

1900. Reference : MM-1-21-244

Khweng court procedure

| April 1, 3, March 17, 1969. Moerman took notes on the district court such as 1) If the defendant did not commit serious faults, most of them were willing to avow because the penalty was less severe. In addition, they did not want to lose a lot of time and money for the defense. 2) The Ministry of Justice handed over punishment imposition (Yi Tok) for those found guilty in a criminal case, in order to use as a benchmark to punish the accused in criminal cases 3) A man was sued by his company in a lawsuit alleging fraud. He chose to fight the lawsuit in court until recovering the costs. The company agreed to pay damages, so he stopped suing. 4) Documents relating to the trial need to be preserved, in order to be used as evidence to apply for a trial at the Appeal Court. They were also used in the consideration of a promotion for judges. 5) the authority of police to control the alleged offender at court. | Punch card

Khweng court procedure