NCJ Number
142305
Journal
Law Enforcement Quarterly Dated: (May-July 1993) Pages: 21-22,31
Date Published
1993
Length
3 pages
Annotation
Several options are open for prosecutors to encourage otherwise recalcitrant witnesses to testify; these include criminal contempt, civil contempt, and miscellaneous Penal Code sections.
Abstract
Contempt is defined as an action, in or out of court, that prevents the courts from discharging its duty in an orderly and timely fashion. The Penal Code lists eight general actions, including failure to testify, that can be punished by criminal contempt, a misdemeanor punishable by six months in jail or a fine. However, in general, criminal contempt is not the most successful way to achieve witness compliance. Persons found to be in civil contempt can be fined or jailed for five days; the two exceptions are victims of sexual assault or domestic violence who refuse to testify. Several other sections of the Penal Code provide prosecutors with means of persuading witnesses to testify: requiring a written promise to appear, requiring the witness to post bond, and allowing prosecutors to issue a warrant for the arrest of a witness who fails to appear.