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42 U.S.C. § 2000h — Criminal contempt proceedings: trial by jury, criminal practice, penalties, exceptions, intent; civil contempt proceedings

submitted 62 years ago by Pub. L. 88-352 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 203 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person accused of criminal contempt under specified titles of this Act may demand a jury trial, with limits on punishment. The section preserves civil contempt powers used to secure compliance.

In a criminal-contempt proceeding under titles II through VII of this Act, the accused may demand a jury trial, which should follow criminal-case practice as closely as possible. On conviction, the fine may not exceed $1,000 and imprisonment may not exceed 6 months. This does not apply to contempt in the court’s presence or so near it that justice is obstructed, or to misconduct or disobedience by a court officer concerning the court’s writs, orders, or process. A person may not be convicted unless the contempt act or omission was intentional, as required in other criminal-contempt cases. This section does not take away courts’ power to use civil contempt proceedings without a jury to secure compliance with, or prevent obstruction of, a lawful writ, process, order, rule, decree, or command, as distinguished from punishing a violation, including the power to detain.

the actual law source: uscode.house.gov ↗public domain

In any proceeding for criminal contempt arising under title II, III, IV, V, VI, or VII of this Act, the accused, upon demand therefor, shall be entitled to a trial by jury, which shall conform as near as may be to the practice in criminal cases. Upon conviction, the accused shall not be fined more than $1,000 or imprisoned for more than six months.

This section shall not apply to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to the misbehavior, misconduct, or disobedience of any officer of the court in respect to writs, orders, or process of the court. No person shall be convicted of criminal contempt hereunder unless the act or omission constituting such contempt shall have been intentional, as required in other cases of criminal contempt.

Nor shall anything herein be construed to deprive courts of their power, by civil contempt proceedings, without a jury, to secure compliance with or to prevent obstruction of, as distinguished from punishment for violations of, any lawful writ, process, order, rule, decree, or command of the court in accordance with the prevailing usages of law and equity, including the power of detention.

Source credit: (Pub. L. 88–352, title XI, § 1101, July 2, 1964, 78 Stat. 268.)

history & why it existsrecord from the source credit
  • 1964Enacted · Pub. L. 88-352 · 78 Stat. 268

A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-352 on 1964-07-02.

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