Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Limiting The Criminal Contempt Power: New Roles For The Prosecutor And The Grand Jury, Richard B. Kuhns
Limiting The Criminal Contempt Power: New Roles For The Prosecutor And The Grand Jury, Richard B. Kuhns
Michigan Law Review
This article will briefly describe the development and scope of the law of criminal contempt, and then tum to the question of whether the current exercise of the power is consistent with the rationale for its existence. The analysis will suggest not only that the answer to this question in many instances is negative, but also that substantial benefits would result from requiring that criminal contempts be treated as ordinary criminal prosecutions.
Invoking Summary Criminal Contempt Procedures--Use Of Abuse? United States V. Dellinger --The "Chicago Seven" Contempts, Michigan Law Review
Invoking Summary Criminal Contempt Procedures--Use Of Abuse? United States V. Dellinger --The "Chicago Seven" Contempts, Michigan Law Review
Michigan Law Review
In late August of 1968, while delegates to the Democratic National Convention were arriving in Chicago, a group of several thousand demonstrators gathered in the city's Lincoln Park to protest the Convention, the Vietnam War, and the city's refusal to grant the group a permit to hold rallies and marches during the Convention. The week that followed was marred by violent confrontations between the demonstrators and the city's police.1 This violence in Chicago provided the impetus for an indictment by a federal grand jury of the defendants in United States v. Dellinger.
Criminal Law And Procedure - Voluntary Communication To Grand Jury As Contempt, James K. Lindsay
Criminal Law And Procedure - Voluntary Communication To Grand Jury As Contempt, James K. Lindsay
Michigan Law Review
Defendant wrote two letters to the grand jury, then in session, asking leave to appear before it to present evidence of a conspiracy, described therein in highly inflammatory language, between a newspaper, the county assessor and the state's attorney to defraud the state of many millions of revenue by the illegal omission of the newspaper's personal property from the county tax rolls. The state's attorney filed an information incorporating these letters. The trial court found that defendant was guilty of criminal contempt. On appeal, defendant contended that this conviction deprived him of his constitutional right of free speech. Held, …
Contempt - Constitutional Law - Pardons - Power Of A Governor To Pardon For Contempt, W. Wallace Kent
Contempt - Constitutional Law - Pardons - Power Of A Governor To Pardon For Contempt, W. Wallace Kent
Michigan Law Review
Dolan and Quinn were indicted for crime, and while awaiting trial were cited for contempt because of alleged attempts to influence members of the jury panel who might be drawn to sit on the jury in the trials of Dolan and Quinn. They were convicted of contempt and committed to jail, from which they petitioned the governor for pardon. The governor and his council adopted an order requiring the opinion of the justices of the Supreme Judicial Court on the question whether the governor had power to pardon such a contempt. Held, these contempts were criminal in their nature …
Limitation Of Actions - Contempt Proceedings, Menefee D. Blackwell
Limitation Of Actions - Contempt Proceedings, Menefee D. Blackwell
Michigan Law Review
The application of statutes of limitation to proceedings for criminal or civil contempt involves some obscurity and confusion in the modern cases. Legislation has rarely provided expressly for the limitation of contempt proceedings, and their hybrid character has made it difficult to rely with confidence on analogies. The modern tendency of courts has been to differentiate between criminal and civil contempts for many purposes. While the tests for distinguishing civil and criminal proceedings are not yet clear, it seems that the application of limitation acts depends very largely on this distinction.
Equity- Contempts - Purgation By Sworn Answer - Doctrine Of Variance
Equity- Contempts - Purgation By Sworn Answer - Doctrine Of Variance
Michigan Law Review
At the suit of X Traction Company defendants had been enjoined from operating busses along streets upon which plaintiff operated its cars. The latter .filed an information in the name of the State charging the defendants with wilful violation of the restraining order, and moved for an attachment for contempt, and for the infliction of "such penalties as are or may be necessary to compel observance." Defendants filed motions to discharge, and also answers for the purpose of purging themselves of the alleged contempt. Upon trial, at which evidence was received, the court found defendants guilty, and levied fines. Defendants …