Contempt of court generally refers to conduct that defies, disrespects, or insults the authority or dignity of a court. Contempt often takes the form of actions deemed to be prejudicial to the ability of the court to administer justice.
Judges generally have a lot of discretion in deciding who to hold contempt and the type of contempt. Persons in contempt may include parties to proceedings, lawyers, witnesses, jurors, persons participating in or near proceedings, as well as officers or staff of the court itself.
There are two types of contempt: criminal contempt and civil contempt.
Civil contempt often implies that someone does not comply with a court order.
Judges use civil contempt penalties to compel such a person to comply with a court order that they have violated.
Criminal contempt charges, on the other hand, are punitive, which means they deter future contempt by punishing the offender, no matter what happens in the underlying proceedings. A person incarcerated for criminal contempt cannot obtain his own release by deciding to comply with the court.
Judges use different factors to decide to detain a person for civil or criminal contempt, including the nature of the underlying legal process (criminal or civil) and the seriousness of the contemptor’s behavior.
The criminal contempt charges become separate charges from the underlying case. Unlike civil contempt penalties, criminal contempt charges may continue after the resolution of the underlying case.
A person charged with criminal contempt generally obtains the constitutional rights guaranteed to the accused, including the right to counsel, the right to defend oneself, and the right to a jury trial in certain cases. The charges of criminal contempt must be proven beyond a reasonable doubt.
However, contempt imprisonment can begin immediately before the contempt charge is tried and sentenced. Depending on the jurisdiction and the case, the same judge who decided to charge a person for contempt may end up presiding over the contempt proceedings.
Criminal contempt can result in sanctions, including prison terms and/or a fine.
Contempt of court can take place “directly” or “indirectly.”
Direct contempt occurs in the presence of the court. For example, a person could commit direct contempt by shouting at the judge in a way that impairs the court’s ability to function and disrespects it. Indirect contempt occurs outside the presence of the court. Examples include improper communication with jurors outside the court, refusal to provide evidence to appear, and refusal to pay child support ordered by the court. Note that not all of these examples illustrate criminal contempt.
Contempt of criminal court refers to behavior that disobeys, offends, or disrespects the authority or dignity of a court.
It can occur directly, in the presence of the court, or indirectly when it occurs outside the presence of the judge. Criminal contempt charges become separate charges from the underlying case. Arbitration of charges and penalties for criminal contempt may continue after the resolution of the underlying matter.
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