Ryan Scott (University of Florida Levin College of Law) has posted Contempt: The Original Judicial Cheat Code on SSRN. Here is the abstract:
The judicial contempt power challenges the fundamental rights enshrined in America’s Constitution. Imagine spending eight years in federal prison with no right to a jury trial or a court-appointed attorney. What was originally justified as an inherent power of the court, necessary to maintain order and decorum, is increasingly used for trivial offenses or to incarcerate individuals for far longer than their possible crimes would otherwise warrant. Despite widespread instances of abuse of the contempt power, there has been scant legal attention to, responsible management of, or corrective reform actions taken for contempt. Instead, abuse of the contempt power is justified in the dicta of cases that the public is entirely unaware of. This Article illuminates the constitutional challenges regarding the contempt power and provides recommendations for reforming the judiciary’s application of the power.
Recommended.
