法律英语：13 Contempt of Court

by Michael W. Flynn
 
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.   
 
Today I will discuss contempt of court. Steve wrote:
 
Could you please explain how a judge can have someone imprisoned³ for contempt of court and not consider this a violation⁴ of the right to due process or unlawful imprisonment⁶? Also, if someone is jailed for contempt of court how can they be held for an unspecified length of time, potentially years, without this being cruel and unusual punishment? After all, a person who is actually convicted of a crime after a fair trial could spend less time in jail than a person found in contempt.
 
The short answer is that a person facing imprisonment for contempt of court has likely received full due process of the law. Most people that face contempt charges have been fully⁷ advised on several occasions as to the consequences of their actions.
 
Contempt of court refers generally to any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court or action that interferes⁸ with a judge's ability to administer justice or that insults the dignity of the court, and is punishable by fine or imprisonment or both. A judge who feels someone is improperly⁹ challenging or ignoring the court's authority has the power to declare the defiant¹⁰ person (called the contemnor) in contempt of court.
 
There are two types of contempt -- civil and criminal. Criminal contempt occurs when the contemnor actually interferes with the ability of the court to function properly -- for example, by yelling at the judge. This is also called direct contempt because it occurs directly in front of the judge. A criminal contemnor may be fined, jailed, or both as punishment for his act.
 
Civil contempt occurs when the contemnor willfully disobeys a court order. This is also called indirect contempt because it occurs outside the judge's immediate¹¹ realm and evidence must be presented to the judge to prove the contempt. A civil contemnor, too, may be fined, jailed, or both. The fine or jailing is meant to coerce¹² the contemnor into obeying the court, not to punish him, and the contemnor will be released from jail just as soon as he complies with the court order. In family law, civil contempt is one way a court enforces alimony, child support, custody¹³, and visitation orders that have been violated.
 
With regard to notions of due process, contempt of court proceedings¹⁴ comport¹⁵ with due process. Very generally, to comply with due process requirements under the Constitution, a person must be told what charges or allegations are facing him, and have a meaningful opportunity to be heard and present evidence on his behalf. With regard to civil contempt proceedings, this is not really a problem because the person has already been ordered to do something, and has willfully refused to comply. That is, the person against whom the order was entered already had his opportunity to be heard on the issue. For example, if the contemnor has failed to pay proper alimony payments, he already had the opportunity to present evidence as to why he should not have to pay, or pay as much as the court required.
 
Further, the sanction for contempt is limited in its imposition for so long as the disobedience to the court's order continues; once the party complies with the court's order, the sanction is lifted. The contemnor is said to "hold the keys" to his own cell, so strict adherence¹⁶ to all due process requirements is not necessary.
 
With regard to criminal contempt, the contemnor will usually be given his opportunity to be heard after the fact, but still gets his opportunity to be heard. Recall that criminal contempt is more often imposed because the contemnor is actively¹⁷ disrupting court proceedings, and incarceration¹⁸ is needed for safety and the proper functioning of a court.
 
Steve also asked how a person who spends an unspecified period of time in jail for contempt is not being subjected to cruel and unusual punishment. Without getting into the nitty gritty of Eighth Amendment¹⁹ cruel and unusual punishment jurisprudence, it is enough to say that the punishment is properly tailored to bring the contemnor into compliance²⁰ with a court order or to calm him down. Punishment is cruel and unusual where it lacks any nexus²¹ between the punishment and the crime. The punishment, keeping someone in jail for as long as necessary to bring him into compliance with a court order, is directly linked to the contemnor’s willful failure to comply with that order.
 
Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful⁵ Life. Be sure to check out all the excellent Quick and Dirty Tips podcasts like the Get-It-Done Guy’s Quick and Dirty Tips to Work Less and Do More.
 
You can send questions and comments to。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.
 
Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.

 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 imprisoned   

下狱，监禁( imprison的过去式和过去分词 )

参考例句：

• He was imprisoned for two concurrent terms of 30 months and 18 months. 他被判处30个月和18个月的监禁，合并执行。
• They were imprisoned for possession of drugs. 他们因拥有毒品而被监禁。

4 violation   

n.违反(行为)，违背(行为)，侵犯

参考例句：

• He roared that was a violation of the rules.他大声说，那是违反规则的。
• He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

5 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

6 imprisonment   

n.关押，监禁，坐牢

参考例句：

• His sentence was commuted from death to life imprisonment.他的判决由死刑减为无期徒刑。
• He was sentenced to one year's imprisonment for committing bigamy.他因为犯重婚罪被判入狱一年。

7 fully   

adv.完全地，全部地，彻底地；充分地

参考例句：

• The doctor asked me to breathe in,then to breathe out fully.医生让我先吸气，然后全部呼出。
• They soon became fully integrated into the local community.他们很快就完全融入了当地人的圈子。

8 interferes   

vi. 妨碍，冲突，干涉

参考例句：

• The noise interferes with my work. 这噪音妨碍我的工作。
• That interferes with my plan. 那干扰了我的计划。

9 improperly   

不正确地，不适当地

参考例句：

• Of course it was acting improperly. 这样做就是不对嘛！
• He is trying to improperly influence a witness. 他在试图误导证人。

10 defiant   

adj.无礼的，挑战的

参考例句：

• With a last defiant gesture,they sang a revolutionary song as they were led away to prison.他们被带走投入监狱时，仍以最后的反抗姿态唱起了一支革命歌曲。
• He assumed a defiant attitude toward his employer.他对雇主采取挑衅的态度。

11 immediate   

adj.立即的；直接的，最接近的；紧靠的

参考例句：

• His immediate neighbours felt it their duty to call.他的近邻认为他们有责任去拜访。
• We declared ourselves for the immediate convocation of the meeting.我们主张立即召开这个会议。

12 coerce   

v.强迫，压制

参考例句：

• You can't coerce her into obedience.你不能强制她服从。
• Do you think there is any way that we can coerce them otherwise?你认为我们有什么办法强迫他们不那样吗？

13 custody   

n.监护，照看，羁押，拘留

参考例句：

• He spent a week in custody on remand awaiting sentence.等候判决期间他被还押候审一个星期。
• He was taken into custody immediately after the robbery.抢劫案发生后，他立即被押了起来。

14 proceedings   

n.进程，过程，议程；诉讼(程序)；公报

参考例句：

• He was released on bail pending committal proceedings. 他交保获释正在候审。
• to initiate legal proceedings against sb 对某人提起诉讼

15 comport   

vi.相称，适合

参考例句：

• His behavior did not comport with his office.他的行为与他的职务很不相称。
• A judge should comport himself authoritatively.法官举止必须要庄严。

16 adherence   

n.信奉，依附，坚持，固着

参考例句：

• He was well known for his adherence to the rules.他因遵循这些规定而出名。
• The teacher demanded adherence to the rules.老师要求学生们遵守纪律。

17 actively   

adv.积极地，勤奋地

参考例句：

• During this period all the students were actively participating.在这节课中所有的学生都积极参加。
• We are actively intervening to settle a quarrel.我们正在积极调解争执。

18 incarceration   

n.监禁，禁闭；钳闭

参考例句：

• He hadn't changed much in his nearly three years of incarceration. 在将近三年的监狱生活中，他变化不大。 来自辞典例句
• Please, please set it free before it bursts from its long incarceration! 请你，请你将这颗心释放出来吧！否则它会因长期的禁闭而爆裂。 来自辞典例句

19 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

20 compliance   

n.顺从；服从；附和；屈从

参考例句：

• I was surprised by his compliance with these terms.我对他竟然依从了这些条件而感到吃惊。
• She gave up the idea in compliance with his desire.她顺从他的愿望而放弃自己的主意。

21 nexus   

n.联系；关系

参考例句：

• Shared ambition is the vital nexus between them.共同的志向是把他们联结在一起的重要纽带。
• Either way,the nexus between the consumer and consumer prices is important.无论那个方面，消费者与消费价格之间的关系是至关重要的。