NCJ Number
18157
Journal
Saint Louis University Law Journal Volume: 18 Issue: 1 Dated: (FALL 1973) Pages: 96-117
Date Published
1973
Length
22 pages
Annotation
EXAMINATION OF THE JURY TRIAL REQUIREMENT IN CRIMINAL CONTEMPT PROCEEDINGS RELATIVE TO THE COMPETING INTERESTS OF THE DUE PROCESS RIGHTS OF CRIMINAL CONTEMNORS AND THE NEED TO VINDICATE CHALLENGES TO THE COURT'S AUTHORITY.
Abstract
SEVERAL SUPREME COURT DECISIONS ARE CITED TO TRACE THE HISTORICAL DEVELOPMENT OF THIS REQUIREMENT. A DISCUSSION OF THE CLASSIFICATION OF JUDICIAL CONTEMPT CONSIDERS THE DISTINCTION BETWEEN CRIMINAL AND CIVIL AND DIRECT AND INDIRECT CONTEMPT, AS WELL AS PETTY AND SERIOUS OFFENSES. A CONSIDERATION OF THE MERITS OF THE JURY REQUIREMENT NOTES THE VALUE OF JURIES AS FACTFINDERS, THE REQUIREMENT OF SELF-DISQUALIFICATION BY A JUDGE, THE POSSIBILITY OF THE NEED TO RESOLVE QUESTIONS OF FACT, AND THE TREATMENT OF THE JURY REQUIREMENT BY THE COURTS. THE AUTHOR SUGGESTS THAT, IN ORDER TO MAINTAIN A DISTINCTION BETWEEN CRIMINAL CONTEMPT AND OTHER CRIMES AGAINST SOCIETY, AN ALLEGED DIRECT CONTEMNOR OR HIS ATTORNEY SHOULD BE REQUIRED TO SIGN AN AFFIDAVIT CONTENDING IN GOOD FAITH THAT AN ISSUE OF FACT EXISTS TO GET A JURY TRIAL.