U.S. Attorneys' Manual
Title 9: Criminal
9-39.000 - Contempt Of Court
Contempt of court is an act of disobedience or disrespect towards the judicial branch of the government, or an interference with its orderly process. It is an offense against a court of justice or a person to whom the judicial functions of the sovereignty have been delegated.
For a discussion of the law relating to civil and criminal contempt of court, see the Criminal Resource Manual
| General Definition of Contempt | Criminal Resource Manual at 752 |
| Elements of the Offense of Contempt | Criminal Resource Manual at 753 |
| Criminal Versus Civil Contempt | Criminal Resource Manual at 754 |
| Tests for Distinguishing Between Civil and Criminal Contempt |
|
| Nature of Relief Sought | Criminal Resource Manual at 755 |
| Mechanical Distinction | Criminal Resource Manual at 756 |
| Purging | Criminal Resource Manual at 757 |
| Criminal and Civil Contempts Elements are Present | Criminal Resource Manual at 758 |
| Indirect Criminal Contempt |
|
| Indirect Versus Direct Contempt | Criminal Resource Manual at 759 |
| Institution of the Action | Criminal Resource Manual at 760 |
| Federal Jurisdiction and Venue | Criminal Resource Manual at 761 |
| Notice Under Rule 42(b) of the Rules of Criminal Procedure | Criminal Resource Manual at 762 |
| Probable Cause of a Willful Violation | Criminal Resource Manual at 763 |
| Necessity of a Demand for Compliance With the Decree | Criminal Resource Manual at 764 |
| Use of a Single Petition to Institute Both a Civil and Criminal Contempt Action | Criminal Resource Manual at 765 |
| Role of the Grand Jury | Criminal Resource Manual at 766 |
| Persons Against Whom the Action May Be Commenced | Criminal Resource Manual at 767 |
| Role of the Prosecutor | Criminal Resource Manual at 768 |
| Defenses |
|
| Negation of Essential Elements | Criminal Resource Manual at 769 |
| Statute of Limitations | Criminal Resource Manual at 770 |
| Good Faith Reliance Upon the Advice of Counsel | Criminal Resource Manual at 771 |
| Purging | Criminal Resource Manual at 772 |
| Failure to Attempt to Obtain Compliance Prior to Filing | Criminal Resource Manual at 773 |
| Violation of an Invalid Decree | Criminal Resource Manual at 774 |
| Inability Versus Refusal to Comply | Criminal Resource Manual at 775 |
| Consolidation for Trial of Issues in Civil and Criminal Contempt Proceedings | Criminal Resource Manual at 776 |
| Right to Counsel | Criminal Resource Manual at 777 |
| Privilege Against Self-Incrimination | Criminal Resource Manual at 778 |
| Burden of Proof in a Criminal Contempt Action | Criminal Resource Manual at 779 |
| Direct Contempt |
|
| Witness's Refusal to Obey Court Order to Testify at Trial Versus Witness's Refusal to Obey Court Order to Testify Before a Grand Jury | Criminal Resource Manual at 780 |
| Necessity of Warning of Contemptuous Conduct | Criminal Resource Manual at 781 |
| Summary Punishment at the End of Trial—Judicial Bias | Criminal Resource Manual at 782 |
| Certification of Judge Under Rule 42(a) of the Federal Rules of Criminal Procedure | Criminal Resource Manual at 783 |
| Least Possible Power Rule | Criminal Resource Manual at 784 |
| Jury Trial | Criminal Resource Manual at 785 |
| Public Trial | Criminal Resource Manual at 786 |
| Double Jeopardy | Criminal Resource Manual at 787 |
| Sentencing—Effect of 18 U.S.C. § 401 on the Appropriate Fine or Imprisonment | Criminal Resource Manual at 788 |
| Sentencing—Discretion with Respect to the Appropriate Fine or Imprisonment | Criminal Resource Manual at 789 |
| Appeal | Criminal Resource Manual at 790 |