CONTEMPT PROBLEMS FACING THE CRIMINAL PRACTITIONER (FROM FOURTEENTH CRIMINAL ANNUAL DEFENDING CRIMINAL CASES BY EPHRAIM MAGOLIN, SEE NCJ - 41947)

• NCJ Number: 41948
• Author(s): L I WEINGLASS
• Date Published: 1976
• Length: 33 pages
• Corporate Author: San Mateo Cty Criminal Justice Council
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE PURPOSE OF THIS ARTICLE IS TO AID THE TRIAL LAWYER IN FINDING THE INVISIBLE BOUNDARY BETWEEN ACCEPTABLE CONTENTIOUS ARGUMENT AND THAT SPEECH WHICH WOULD BE JUDGED CONTUMACIOUS BY THE COURT.

Abstract

THIS ARTICLE EXAMINES CASES INVOLVING FORENSIC MISCONDUCT AND ANALYZES FOUR GENERAL CONSIDERATIONS CUSTOMARILY WEIGHED IN THE REVIEW OF ALL ATTORNEY'S CITATIONS. THESE CONSIDERATIONS ARE: WAS THE TRIAL ONE WHICH GENERATED HEATED EMOTIONS FROM ALL PARTIES? WHAT WAS THE GENERAL STATE OF THE ATTORNEY'S PERFORMANCE THROUGHOUT THE ENTIRE TRIAL? DID THE ALLEGED CONTEMPT OCCUR IN THE REGULAR COURSE OF ADVOCACY OR WAS IT A GRATUITOUS ASIDE? AND WHAT WAS THE NATURE OF THE LANGUAGE USED AND THE SPEAKING MANNER EMPLOYED BY COUNSEL? THE AUTHOR FEELS THAT CONTEMPT JUDGEMENTS HAVE BEEN OVERUSED WITHOUT REAL BASIS....TWH