Contempt of court

Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court.[1][2] A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor or contemner.[3]

There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order.[4] Contempt proceedings are especially used to enforce equitable remedies, such as injunctions.[5] In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court.

When a court decides that an action constitutes contempt of court, it can issue an order in the context of a court trial or hearing that declares a person or organization to have disobeyed or been disrespectful of the court's authority, called "found" or "held" in contempt. That is the judge's strongest power to impose sanctions for acts that disrupt the court's normal process.

A finding of being in contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behavior, or publication of material or non-disclosure of material, which in doing so is deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine, jail or social service for someone found guilty of contempt of court, which makes contempt of court a process crime. Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems.

  1. ^ "contempt: definition of contempt in Oxford dictionary (American English) (US)". Oxforddictionaries.com. 2014-08-05. Archived from the original on February 3, 2014. Retrieved 2014-08-13.
  2. ^ Lehman, Jeffrey; Phelps, Shirelle (2005). West's Encyclopedia of American Law, Vol. 3 (2 ed.). Detroit: Thomson/Gale. p. 155. ISBN 9780787663704.
  3. ^ "Civil Contempt of Court". Findlaw. Retrieved 2022-05-01.
  4. ^ "Legal Dictionary | Law.com". Dictionary.law.com. 2010-12-09. Retrieved 2014-08-13.
  5. ^ Bray, Samuel (2014). "The Myth of the Mild Declaratory Judgment". Duke Law Journal. 63: 1091. SSRN 2330050.

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