42-U.S.C.-1995
§1995 – Criminal Contempt Proceedings; Penalties; Trial By Jury
Pathway
Title 42 > Chapter 21 > Subchapter I > Section 1995
Details
- Reference: Section 1995
- Legend: §1995 – Criminal Contempt Proceedings; Penalties; Trial By Jury
- USCode Year: 2011
Provision Content
In all cases of criminal contempt arising under the provisions of this Act, the accused, upon conviction, shall be punished by fine or imprisonment or both: Provided however, That in case the accused is a natural person the fine to be paid shall not exceed the sum of $1,000, nor shall imprisonment exceed the term of six months: Provided further, That in any such proceeding for criminal contempt, at the discretion of the judge, the accused may be tried with or without a jury: Provided further, however, That in the event such proceeding for criminal contempt be tried before a judge without a jury and the sentence of the court upon conviction is a fine in excess of the sum of $300 or imprisonment in excess of forty-five days, the accused in said proceeding, upon demand therefore, shall be entitled to a trial de novo before a jury, which shall conform as near as may be to the practice in other criminal cases.
This section shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice nor to the misbehavior, misconduct, or disobedience, of any officer of the court in respect to the writs, orders, or process of the court.
Nor shall anything herein or in any other provision of law 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.
(Pub. L. 85–315, pt. V, §151, Sept. 9, 1957, 71 Stat. 638.)
References in Text
This Act, referred to in text, is Pub. L. 85–315, Sept. 9, 1957, 71 Stat. 634, as amended, known as the Civil Rights Act of 1957, which enacted this section, sections 1975 to 1975e of this title and section 295–1 of former Title 5, Executive Departments and Government Officers and Employees, repealed section 1993 of this title, amended section 1971 of this title and sections 1343 and 1861 of Title 28, Judiciary and Judicial Procedure, and enacted provisions set out as a note under section 1971 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1971 of this title and Tables.
U.S. Encyclopedia of Law Coverage
42-U.S.C.-1987 in the Legal Encyclopedia: Justice System
In this entry about 42-U.S.C.-1987, find legal reference material, bibliographies and premiere content related to justice system in the American Encyclopedia of Law, presenting a comprehensive view of the United States justice system-specific issues, written by authorities in the field.
42-U.S.C.-1989 in the Legal Encyclopedia: Civil Rights
In this entry about 42-U.S.C.-1989, find legal reference material, bibliographies and premiere content related to civil rights in the American Encyclopedia of Law, presenting a comprehensive view of the United States civil rights-specific issues, written by authorities in the field.
Leave a Reply