NCJ Number
45526
Date Published
1976
Length
319 pages
Annotation
A COMPREHENSIVE AND CRITICAL SURVEY OF THE MODERN ENGLISH LAW OF CONTEMPT IN BOTH CRIMINAL AND CIVIL PROCEEDINGS IS PRESENTED.
Abstract
THE CONCEPT OF CONTEMPT OF COURT COVERS A WIDE RANGE OF ACTIONS WHICH MAY JEOPARDIZE THE ADMINISTRATION OF JUSTICE. AFTER THE HISTORICAL DEVELOPMENT OF THIS CONCEPT IS TRACED, THE VARIOUS FORMS OF CIVIL AND CRIMINAL CONTEMPT ARE SET FORTH. THESE INCLUDE: (1) CONTEMPT IN THE FACE OF THE COURT; (2) CONTEMPT THROUGH INFRINGEMENT OF THE SUB JUDICE RULE; (3) SCANDALIZING A COURT OR JUDGE; (4) VICTIMIZING JURORS, WITNESSES, OR OTHERS; (5) PUBLICIZING JUDICIAL PROCEEDINGS; (6) RESIDUAL CATEGORIES OF CONTEMPT SUCH AS OBSTRUCTION OF COURT OFFICIALS OR PROCESSES, BREACH OF DUTY, OR INTERFERENCE WITH WARDS OF THE COURT; AND (7) CIVIL CONTEMPT INVOLVING DISOBEDIENCE OF COURT JUDGEMENTS OR PAYMENT ORDERS. PARTICULAR EMPHASIS IS GIVEN TO PREJUDICING CIVIL OR CRIMINAL PROCEEDINGS THAT ARE SUB JUDICE. MENS REA AND THE SCOPE OF RESPONSIBILITY UNDER THE SUB JUDICE CONVENTION ARE EXAMINED, AND IMPLICATIONS FOR THE MEDIA ARE DISCUSSED. BOTH LEGAL PRECEDENT AND THEORETICAL ISSUES ARE CONSIDERED. AS ENGLISH LAW IS SIMILAR TO THAT OF OTHER COMMON LAW COUNTRIES, BRITISH COMMONWEALTH DECISIONS ARE FREQUENTLY CITED, AND THE RECEPTION OF THE SUMMARY PROCESS INTO THE UNITED STATES AND SUBSEQUENT DEVELOPMENT OF CONTEMPT LAW ARE OUTLINED. INDEXED TABLES OF RELEVANT STATUTES AND CASES AND AN INDEX ARE ALSO INCLUDED. (JAP)