NCJ Number
55222
Journal
Southern University Law Review Volume: 4 Issue: 1 Dated: (FALL 1977) Pages: 72-90
Date Published
1977
Length
19 pages
Annotation
U.S. SUPREME COURT AND LOUISIANA SUPREME COURT DECISIONS PERTAINING TO THE RIGHT OF DEFENDANTS IN CRIMINAL CONTEMPT CASES TO A JURY TRIAL ARE EXAMINED.
Abstract
TRADITIONALLY THE RATIONALE FOR TRYING CRIMINAL CONTEMPT CASES SUMMARILY HAS BEEN THAT, SINCE ONLY TRIVIAL PENALTIES ARE IMPOSED, NO JURY IS REQUIRED. THE U.S. SUPREME COURT HAS RECOGNIZED CONTEMPT AS A CRIME AND, IN ITS OPINION IN BLOOM V. ILLINOIS, OBSERVED THAT THE CONSTITUTION REQUIRES THE JURY TRIAL RIGHT FOR ALL CRIMES AND IN ALL CRIMINAL PROSECUTIONS. HOWEVER, THE COURT HAS ALSO HELD THAT THE JURY TRIAL RIGHT DOES NOT APPLY WHEN A SENTENCE IS LESS THAN 6 MONTHS OR A FINE LESS THAN $500. IN LOUISIANA, CONTEMPT CHARGES ARE TRIED SUMMARILY UNLESS THE PUNISHMENT EXCEEDS 6 MONTHS OR $500. HOWEVER, JUDGES ARE FREE TO CIRCUMVENT THE STATE'S CONTEMPT LAWS BY CHARGING DEFENDANTS SEPARATELY FOR EACH CONTEMPT CHARGE, THUS COMPOUNDING THE SENTENCE OR FINE WITHOUT BEING REQUIRED TO GRANT THE DEFENDANT A JURY TRIAL. IT IS PROPOSED THAT LOUISIANA ADOPT LEGISLATIVE GUIDELINES CLASSIFYING CRIMINAL CONTEMPT AS EITHER FELONY, MISDEMEANOR, OR PETTY. ALL FELONY CONTEMPT DEFENDANTS AUTOMATICALLY WOULD HAVE THE RIGHT TO A JURY TRIAL, WHILE LEGISLATIVE GUIDELINES REGARDING MAXIMUM SENTENCES AND FINES FOR SUMMARY JUDGMENT WOULD APPLY TO MISDEMEANOR AND PETTY CHARGES. IF COMPOUNDED PENALTIES EXCEEDED THE MAXIMUM, A JURY TRIAL WOULD BE GRANTED. THE THRESHOLD QUESTION OF WHETHER THE LENGTH OR SEVERITY OF THE SENTENCE TO BE IMPOSED SHOULD DETERMINE THE RIGHT TO A JURY TRIAL REMAINS. (LKM)