For instance, if I go to see someone's case, and I begin to cause a disturbance, can the judge charge me with contempt? Or, does this only apply to Lawyers and their clients? I am asking because I am watching Law and Order SVU, and one of the policemen (Detective Munch) was sitting in on a case, and got fined $1,000, and threatened with lock up because he was yelling at the judge. Could this really happen, or is this just on t.v.?
2006-10-13 14:38:38 · 16 answers · asked by LibraT 4 in Politics & Government ➔ Law & Ethics
Yes that can happen. A judge can put you in contempt for extreme outward responses that are a disturbance in the courtroom. Lawyers and clients can also be put into contempt as well. The fines vary based on jurisdiction of courts and the judges who are following the cases. Sometimes a person may not be held in contempt but can be thrown out of the courtroom and cannot enter in on the case again. If a client or a lawyer does not listen to the judge or is annoying the judge, they can be kicked out. You can be held in contempt and not be fined, or be warned or kicked out of the courtroom. SVU does like to exaggerate on things so don't base everything on that show. It's a great show...I watch it religiously but it's also fictitious. It depends on what court, what state and what judge and the type of case for you to be held in contempt if you interrupt and cause unnecessary ruckus in the courtroom. Contempt can happen though. That isn't fake.
Hope this makes sense!
2006-10-13 14:43:57 · answer #1 · answered by Asia 3 · 0⤊ 0⤋
Yes, it can really happen. What Det. Munch was fined for is something called direct criminal contempt. If a person directly defies a lawful judicial order in the presence of the judge, or acts in some manner which is calculated to disrespect the court, or in some manner impedes the function of the court, the judge has the inherent judicial power to summarily find the person in contempt and levy a punishment, which may include a fine or time in jail. It is also possible to be in contempt of court for something you do outside the courtroom or outside the presence of a judge. A good example of this kind of contempt occurs when somebody violates a restaining order. This kind of contempt is called indirect criminal contempt, and is different from direct criminal contempt not only because it occurs out of the presence of the judge but because the judge has to formally charge you with contempt and have an evidentiary hearing in which the facts constituting the contempt have to be proved beyond a reasonable doubt. The only other kind of contempt is civil contempt, where a person wilfully refuses to do something they've been ordered to do, like pay child support or testify in court. Civil contempt is designed to coerce compliance with the order, so that once the person complies he is no longer in contempt. Criminal contempt is designed to punish, not coerce, so there's usually nothing you can do to discharge a criminal contempt other than pay the fine or serve the time.
2006-10-13 21:51:53 · answer #2 · answered by RLP 3 · 0⤊ 0⤋
Yes, anyone can be charged with contempt when they cause a disturbance in a courtroom. This can really happen,as I've been to court several times and it has happened to people that are a nuisance and won't listen to the judge.
2006-10-13 21:42:50 · answer #3 · answered by mandm 5 · 0⤊ 0⤋
It can really happen, normally they will ask the person to leave or be quiet, maybe even just clear the entire court room if more than one person is causing the problem.
But in the court room any and everyone can be charged (except for the judge of course) Normally a sitting judge can not even be arrested even with a warrant)
2006-10-13 21:42:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In the courtroom it's the judges world. If he thinks you are in contempt, then you are.
Of course there's still limits to what a judge can do, but the law & society tend to try not to interfere with a judge & his courtroom. It's not too unlike a captain & his ship. Every captain knows that he can't push his luck, but no one likes to question his judgement, especially when at sea.
2006-10-13 21:43:48 · answer #5 · answered by No More 7 · 0⤊ 0⤋
Since this question has been adequately answered, I will instead tell my favorite story on the topic.
Mae West was brought into a small town court once for a minor matter and was somewhat impatient with the whole proceeding, and the judge finally asked her "Miss West, are you trying to show contempt for this court?" to which she answered "No, Your Honor, I'm doing my best to conceal it."
2006-10-13 22:06:02 · answer #6 · answered by open4one 7 · 0⤊ 0⤋
Yes, anyone can be charged with contempt in a courtroom if the judge so desires.
2006-10-13 21:40:45 · answer #7 · answered by Anonymous · 0⤊ 0⤋
A charge of contempt of court is the sole discretion of the judge ie THE court. If he / she doesn't like what you are doing in his court room or he / she ordered you to do something, then he / she can find you in contempt and throw whatever punishment he / she likes at you
2006-10-13 21:43:50 · answer #8 · answered by roamin70 4 · 0⤊ 0⤋
Yes, it can happen, and it does. If you do not observe proper decorum in court, you can be told to leave, or found in contempt..usually carries a jail term and often a fine. Good luck
2006-10-13 21:41:00 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I believe the judge CAN call anyone in contempt. If it's disruptive then they are in contempt, so it's not just TV.
2006-10-13 21:40:24 · answer #10 · answered by Sharp Marble 6 · 0⤊ 0⤋