Criminal contempt refers to the offense of disobeying or disrespecting a court order or court proceedings, and it carries criminal penalties. It includes behaviors such as insulting the judge, disrupting court proceedings, refusing to comply with court orders, or engaging in conduct that undermines the authority and functioning of the court. Criminal contempt can occur directly in the presence of the court or indirectly outside the courtroom by violating court orders. Key characteristics of criminal contempt include:
- It is a crime with punishments like fines and jail time.
- It serves to punish misconduct, not just to compel compliance.
- Defendants charged with criminal contempt have the same rights as other criminal defendants, including the right to a jury trial and to call witnesses.
- There are two types: direct contempt (conduct during court proceedings) and indirect contempt (violation of court orders outside court).
Examples of criminal contempt include causing disturbances during a trial, communicating improperly with jurors, insulting the court, and willfully disobeying probation or court orders. Penalties for criminal contempt can include fines, imprisonment (sometimes up to 30 days or more depending on jurisdiction), or both. In urgent situations, judges may impose immediate sanctions, while other cases may require formal proceedings. In summary, criminal contempt is a legal mechanism courts use to maintain respect, order, and authority within the judicial process by punishing actions that disrupt or defy the court's authority and orders. It is distinct from civil contempt, which is typically aimed at compelling compliance rather than punishment.