The goal of the criminal justice system is to be efficient and fair in determining whether an accused individual committed a crime. The accused individual, or defendant, has certain rights that entitle him to a fair and speedy trial. The role of the court is to make sure that the process is as smooth and efficient as possible.

Sometimes a party may disobey a court order or commit misconduct during the criminal process. This willful disobedience or misconduct is called contempt of court. Contempt of court disrupts the judicial proceedings and shows disrespect for the authority of the court.

Since the court has the authority to make sure the criminal process runs smoothly, it may penalize the offending party. Any person who commits criminal contempt may be punished for that contempt. The court may impose a fine, jail time or both.

Difference between Civil and Criminal Contempt

Civil contempt occurs when a party refuses to obey a court order. The court imposes a fine or jail time in an attempt to coerce the party into obeying the order. Once the party obeys the order, he's no longer in contempt of court. The fine or jail time isn't a punishment but a way to force compliance.

Criminal contempt occurs when a party hinders or obstructs justice. The fine or jail time by the court is a punishment for the misconduct. The party can't make the contempt go away by just obeying an order. The court imposes the punishment to gain control and to defend its authority.

Court Authority to Punish

Most courts have the inherent authority to punish for criminal contempt. It's within the discretion of the court to determine when criminal contempt has occurred. Some examples of behavior that may result in criminal contempt include:

  • Threatening the judge
  • Disobeying a court order to produce evidence
  • Refusing to testify
  • A lawyer's failure to appear in court on behalf of his client
  • Calling the judge names
  • Repeatedly refusing to rise in the presence of the judge and jury

The court has the power to impose a fine, a jail term or both at its discretion. Courts will usually impose the least possible sanction needed to punish contempt. However, a court may impose a serious punishment if the offending party willfully defies the court and needs to be deterred from such acts in the future.

Most people involved in a criminal trial may be found in contempt of court. This includes the parties, the lawyers, the jurors and the witnesses.

Direct and Indirect Contempt

Contempt may be committed in front of the court or outside its presence. Misconduct committed in the actual presence of the court is called direct contempt. Misconduct committed outside the court's presence is called indirect contempt.

The court may impose a punishment immediately after direct contempt. Examples of direct contempt include shouting at the judge or refusing to answer his questions. Since the judge is able to see the misconduct personally, proof is not needed to convince the court to impose a punishment.

Evidence of misconduct is needed to prove indirect contempt. Examples of indirect contempt include attempts to bribe a court officer or hiding evidence. Since the judge isn't able to see the misconduct personally, there must be proof that indirect contempt occurred. The party alleged to have committed indirect contempt has the right to a hearing of the evidence of contempt and to present evidence in rebuttal.

Questions for Your Attorney

  • Does it make a difference if I am found in criminal contempt instead of civil contempt? Are the punishments the same?
  • If I am found in criminal contempt, does this charge go on my record like being convicted of a crime?
  • If I believe the judge has a personal bias against me, is there any way I can have a criminal contempt charge reversed?