§1995 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Criminal contempt under this Act can be punished by a fine, jail time, or both. If the accused is a real person (not a company), the fine cannot be more than $1,000 and jail cannot be more than 6 months. A judge can choose to hold the trial with or without a jury. If the judge tries the case alone and orders a fine over $300 or jail over 45 days, the accused can ask for a new trial by jury that follows normal criminal rules. This rule does not cover contempt done in the judge’s presence or so close that it directly disrupts the court. It also does not cover misconduct by court officers about court orders or papers. Courts may still use civil contempt, without a jury, to make people follow orders or to stop obstruction, and they can detain people for that purpose.

Title 42, §1995

The Public Health and Welfare — Source: USLM XML via OLRC

In all cases of criminal contempt arising under the provisions of this Act, the accused, upon conviction, shall be punished by fine or imprisonment or both: Provided however, That in case the accused is a natural person the fine to be paid shall not exceed the sum of $1,000, nor shall imprisonment exceed the term of six months: Provided further, That in any such proceeding for criminal contempt, at the discretion of the judge, the accused may be tried with or without a jury: Provided further, however, That in the event such proceeding for criminal contempt be tried before a judge without a jury and the sentence of the court upon conviction is a fine in excess of the sum of $300 or imprisonment in excess of forty-five days, the accused in said proceeding, upon demand therefore, shall be entitled to a trial de novo before a jury, which shall conform as near as may be to the practice in other criminal cases. This section shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice nor to the misbehavior, misconduct, or disobedience, of any officer of the court in respect to the writs, orders, or process of the court. Nor shall anything herein or in any other provision of law be construed to deprive courts of their power, by civil contempt proceedings, without a jury, to secure compliance with or to prevent obstruction of, as distinguished from punishment for violations of, any lawful writ, process, order, rule, decree, or command of the court in accordance with the prevailing usages of law and equity, including the power of detention.

Editorial Notes

References in Text

This Act, referred to in text, is Pub. L. 85–315, Sept. 9, 1957, 71 Stat. 634, known as the Civil Rights Act of 1957. For complete classification of this Act to the Code, see Tables.

§1995 Criminal contempt proceedings; penalties; trial by jury

Summary

Title 42, §1995

Notes & Related Subsidiaries

Editorial Notes

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