The specter of contempt hangs over the head of anyone who enters a courtroom.
Judge Chamberlain Haller: If I hear anything other than "guilty" or "not guilty," you'll be in contempt.
By merely speaking in a manner of which the judge disapproves, (2) an attorney may find himself in contempt of court.
Part II of this Note will give a brief overview of the law of contempt and major developments in Supreme Court jurisprudence that affect the distinction between civil and criminal contempt.
Contempt of court has existed since the twelfth century.
In the United States, the contempt power of the federal courts was granted by statute to the district and circuit courts when the Judiciary Act of (1789) established the lower courts.
31) A civil contempt results in a remedial sanction that will benefit the opposing party.
Contempt of court is classified in two ways: the contempt may be deemed civil or criminal, and the contempt may be direct or indirect.
53) A direct contempt takes place in the presence of the judge, whereas an indirect contempt takes place outside the presence of the judge.
Determining whether a contempt is civil or criminal is more difficult.
The judge holds him in contempt and puts the man in jail until he makes the payments he missed.
Under the first type of analysis, a court considers whether the contempt proceeding benefits either the opposing party or the authority of the court.
The second method of determining the type of contempt examines the trial court's purpose in imposing the contempt sanctions.
Yet another method employed by courts to determine whether a contempt is civil or criminal focuses on the chronology of the contempt.
This is because the sanction imposed will change the appellate court's perception of the trial court's purpose, the primary beneficiary of the contempt, and whether the contempt is prospective or retrospective.