Contempt of court is a serious accusation for disrupting the justice process, resulting in fines and jail time. Civil contempt can be eliminated by obeying an order, while criminal contempt hampers court operations. Direct and indirect contempt require knowledge of the violated order and ability to comply. Respectful behavior in court is crucial to avoid contempt charges.
Contempt of court is an accusation that can be made against someone for disrupting the process of justice in a court of law. A contempt charge, if proven, can result in fines and jail time. Many people are familiar with the concept, as it tends to come up in courtroom dramas.
There are different forms of contempt. In all cases, they are rooted in the idea that a courtroom and its officials command respect, both out of common decency and because a court acts as a legal authority. Failure to comply with court can jeopardize the course of justice, potentially causing a mistrial or compromise the integrity of a process. As a result, this allegation is being treated very seriously.
Civil contempt of court involves failure to obey an order from a court and can typically be eliminated by obeying the order. For example, someone may speak out of turn in a courtroom during a trial, violating basic courtroom rules. The judge may indicate that he will find the speaker held in contempt unless the speaker sits down and remains silent until it is appropriate to speak. Alternatively, a witness may not answer a question, in which case the judge will either ask him to answer or be contemptuous.
Criminal contempt of court actually hampers the operations of the court. Examples of this include failing to produce evidence when subpoenaed or threatening the judge, jury or lawyers. Someone who scolds the judge, for example, may be faced with this charge.
Contempt of court is also subdivided into direct contempt, which occurs in front of a judge, and indirect contempt. In order to prove a charge, it must be demonstrated that the offender knew about the court order or rule being violated, that he was able to comply with the order, and that the person did not. If proven, the penalty for contempt varies, depending on the seriousness of the crime.
As a general rule, people are not at risk of being accused of contempt if they behave courteously in a courtroom and comply with all orders from court officials. People need not be afraid of court officials, but it’s a very good idea to be respectful, treating them as they would like to be treated. Anyone who is unclear about a point of court etiquette can ask a bailiff for assistance.
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