Thursday, October 26, 2023

Graduated punishment for contempt of court

 If a juror, lawyer, witness, or spectator violates a judge's order or interferes with the trial in the immediate view of the judge, the court can find direct contempt and order punishment, ie. sentencing.  Generally, for a first offense the punishment is a small fine.  If the behavior continues, increasingly harsh punishment (graduated)may be ordered, such as larger and larger fines, finally resulting in a jail sentence.  If a party is obstructionist, for example, shouting from the counsel table, eventually they may be removed from the courtroom.  A criminal defendant could be required to observe the proceedings over closed circuit tv from another room, out of the view or hearing of the jury.  I had a trial in which this occurred and my decision was affirmed by the appellate court because I had warned the defendant about such behavior prior to starting the trial.

No comments:

Post a Comment