ABSTRACT

In the English common law, contempt is a crime consisting of the willful disregard of public authority. Frequent clashes have occurred between individuals exercising their civil liberties and judges and legislators who regard behavior as contemptuous. In cases of civil contempt, prisoners are said to carry the key to their cells in their own pocket. Defendants can purge themselves of the contempt by complying with the order. American law has made many changes in law of contempt to make it less threatening to civil liberty. Witnesses granted immunity from prosecution before testifying must answer all questions or face commitment for civil contempt. In common law, judges are empowered to impose summary punishment for contempt. Federal practice requires the judge faced with serious criminal contempt to refer the disrespectful behavior to a prosecutor. Legislative contempt, like judicial contempt, may be criminal or civil. Legislatures lack the power of summary conviction enjoyed by judges in cases of petty criminal contempt.