Contempt of court

Contempt of court is a court ruling which, in the context of a court trial or hearing, deems an individual as holding contempt for the court, its process, and its invested powers. Often stated simply as "in contempt," it is the highest remedy of a judge to impose sanctions on an individual for acts which wantonly or excessively disrupt the normal process of a court hearing.

United States

Under American jurisprudence, acts of contempt are divided into two types.

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"Direct" contempt is that which occurs in the presence of the presiding judge (in facia curia), and may be dealt with summarily: the judge notifies the offending party that he or she has acted in a manner which disrupts the tribunal and prejudices the administration of justice, and after giving the person the opportunity to respond, may impose the sanction immediately.

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"Indirect" contempt occurs outside the immediate presence of the court, and consists of disobedience of a court's prior order. Generally a party will be accused of indirect contempt by the party for whose benefit the order was entered. A person cited for indirect contempt is entitled to notice of the charge and an opportunity for hearing of the evidence of contempt, and to present evidence in rebuttal.

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Sanctions for contempt may be criminal or civil. If a person is to be punished criminally, then the contempt must be proven beyond a reasonable doubt, but once the charge is proven, then punishment (such as a fine or, in more serious cases, imprisonment) is imposed unconditionally. The civil sanction for contempt (which is typically incarceration in the custody of the sheriff or similar court officer) is limited in its imposition for so long as the disobedience to the court's order continues: once the party complies with the court's order, the sanction is lifted. The burden of proof for civil contempt, however, is a preponderance of the evidence.

Related Topics:
Reasonable doubt - Fine - Burden of proof

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