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Vegas Injury Law

Welcome to Vegas Lawyer. This site is for people who were hurt in Nevada. Contact us for a free consultation. You may want to read the Las Vegas Personal Injury Law introduction on our home page. Also, you can get an overview of other Nevada Legal Topics before you read the Article below.

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  • Criminal Versus Civil Contempt












  • Criminal Versus Civil Contempt

    Because different substantive and procedural rules apply to civil and criminal contempts, distinctions between the two forms of contempt are important. "Criminal contempt is a crime in the ordinary sense," Bloom v. Illinois, 391 U.S. 194, 201 (1968), and "criminal penalties may not be imposed on someone who has not been afforded the protections that the Constitution requires of such criminal proceedings." Hicks v. Feiock, 485 U.S. 624, 632 (1988).

    These constitutional protections include the right (1) not to be subject to double jeopardy, see United States v. Dixon, 509 U.S. 688, 695 (1993); In re Bradley, 318 U.S. 50 (1943); (2) to receive notice of the charges, (3) to receive assistance of counsel; (4) to receive summary process; (5) to present a defense, Cooke v. United States, 267 U.S. 515, 537 (1925); (6) not to self-incriminate oneself, and (7) to proof beyond a reasonable doubt, Gompers v. Bucks Stove & Range Co., 221 U.S. 418, 444 (1911).

    For serious criminal contempts involving imprisonment of more than six months, these protections include the right to a jury trial. Bloom, 391 U.S. at 199. By contrast, civil contempt sanctions--which are designed to compel future compliance with a court order--are coercive and avoidable through obedience, and "thus may be imposed in an ordinary civil proceeding upon notice and an opportunity to be heard.

    Neither a jury trial nor proof beyond a reasonable doubt is required." International Union, UMWA v. Bagwell, 512 U.S. 821, 114 S.Ct. 2552, 2557 (1994).



    This information came from a
    US DOJ online article.

    *** Any law, statute, regulation or other precedent is subject to change at any time ***

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