The Penalty for Contempt in a US District Court
Contempt of court penalties vary depending on whether the contempt is civil or criminal. In both cases, the person held in contempt of court may face jail time. U.S District Courts hold trials and are the lowest level of the federal court system.
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Civil and Criminal Contempt
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Courts use civil contempt to force a person to comply with an order of the court. For instance, if a witness refuses to testify about a matter, and the judge believes she should, he could fine her each day she refuses or put her in jail until she agrees to testify. The line between civil and criminal contempt is often difficult to draw. In general, criminal contempt occurs when someone violates an order of the court willfully and the contempt obstructs justice.
Civil Contempt Penalties
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Civil contempt penalties normally involve a fine or commitment to jail. A U.S. District Judge may order someone to jail until they comply with an order of the court. Barring a successful appeal, the person might remain in jail for weeks or months.No right to a jury trial exists in civil contempt proceedings. Once an individual agrees to comply with the court order, he may be released.
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Criminal Contempt Penalties
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Courts maintain broad discretion in imposing penalties for criminal contempt. A fine or jail sentence may be imposed. Legally, if a person charged with contempt faces incarceration of more than six months, a jury trial would be required. If criminal contempt involves obstruction of justice, the penalty could range as high as 44 months, according to attorney Joel M. Androphy. A person can not be charged with contempt for invoking her right not to incriminate herself.
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