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Title 9 prev | next | Criminal Resource Manual |
For a discussion of the law relating to civil and
criminal contempt
of court, see the Criminal Resource Manual
General Definition of Contempt | Criminal Resource Manual at 752 |
Elements of the Offense of Contempt | Criminal Resource Manual at 753 |
Criminal Versus Civil Contempt | Criminal Resource Manual at 754 |
Tests for Distinguishing Between Civil and Criminal Contempt | |
Nature of Relief Sought | Criminal Resource Manual at 755 |
Mechanical Distinction | Criminal Resource Manual at 756 |
Purging | Criminal Resource Manual at 757 |
Criminal and Civil Contempts Elements are Present | Criminal Resource Manual at 758 |
Indirect Criminal Contempt | |
Indirect Versus Direct Contempt | Criminal Resource Manual at 759 |
Institution of the Action | Criminal Resource Manual at 760 |
Federal Jurisdiction and Venue | Criminal Resource Manual at 761 |
Notice Under Rule 42(b) of the Rules of Criminal Procedure | Criminal Resource Manual at 762 |
Probable Cause of a Willful Violation | Criminal Resource Manual at 763 |
Necessity of a Demand for Compliance With the Decree | Criminal Resource Manual at 764 |
Use of a Single Petition to Institute Both a Civil and Criminal Contempt Action | Criminal Resource Manual at 765 |
Role of the Grand Jury | Criminal Resource Manual at 766 |
Persons Against Whom the Action May Be Commenced | Criminal Resource Manual at 767 |
Role of the Prosecutor | Criminal Resource Manual at 768 |
Defenses | |
Negation of Essential Elements | Criminal Resource Manual at 769 |
Statute of Limitations | Criminal Resource Manual at 770 |
Good Faith Reliance Upon the Advice of Counsel | Criminal Resource Manual at 771 |
Purging | Criminal Resource Manual at 772 |
Failure to Attempt to Obtain Compliance Prior to Filing | Criminal Resource Manual at 773 |
Violation of an Invalid Decree | Criminal Resource Manual at 774 |
Inability Versus Refusal to Comply | Criminal Resource Manual at 775 |
Consolidation for Trial of Issues in Civil and Criminal Contempt Proceedings | Criminal Resource Manual at 776 |
Right to Counsel | Criminal Resource Manual at 777 |
Privilege Against Self-Incrimination | Criminal Resource Manual at 778 |
Burden of Proof in a Criminal Contempt Action | Criminal Resource Manual at 779 |
Direct Contempt | |
Witness's Refusal to Obey Court Order to Testify at Trial Versus Witness's Refusal to Obey Court Order to Testify Before a Grand Jury | Criminal Resource Manual at 780 |
Necessity of Warning of Contemptuous Conduct | Criminal Resource Manual at 781 |
Summary Punishment at the End of Trial -- Judicial Bias | Criminal Resource Manual at 782 |
Certification of Judge Under Rule 42(a) of the Federal Rules of Criminal Procedure | Criminal Resource Manual at 783 |
Least Possible Power Rule | Criminal Resource Manual at 784 |
Jury Trial | Criminal Resource Manual at 785 |
Public Trial | Criminal Resource Manual at 786 |
Double Jeopardy | Criminal Resource Manual at 787 |
Sentencing -- Effect of 18 U.S.C. § 401 on the Appropriate Fine or Imprisonment | Criminal Resource Manual at 788 |
Sentencing -- Discretion with Respect to the Appropriate Fine or Imprisonment | Criminal Resource Manual at 789 |
Appeal | Criminal Resource Manual at 790 |