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contempt of court : ウィキペディア英語版
contempt of court

Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful towards a court of law and its officers in the form of behavior that opposes or defies authority, justice, and dignity of the court.〔(【引用サイトリンク】title=West's Encyclopedia of American Law )〕 It manifests itself in willful disregard of or disrespect for the authority of a court of law, which is often behavior that is illegal because it does not obey or respect the rules of a law court.
As explained in the People's Law Dictionary by Gerald and Kathleen Hill, "there are essentially two types of contempt: (1) being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge; (2) willful failure to obey an order of the court." Contempt proceedings are especially used to enforce equitable remedies, such as injunctions.
When a court decides that an action constitutes contempt of court, it can issue a court order that in the context of a court trial or hearing declares a person or organization to have disobeyed or been disrespectful of the court's authority, called "found" or "held in contempt"; this is the judge's strongest power to impose sanctions for acts that disrupt the court's normal process.
A finding of being in contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behaviour, or publication of material deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems. The client or person must be proven to be guilty before he/she will be punished.
==In use today==
Contempt of court is essentially seen as a form of disturbance that may impede the functionality of the court. The judge may impose fines and jail time upon any person committing contempt of court. The person is usually let out upon his agreement to fulfill the wishes of the court.〔Hill, G. (2008). Contempt of Court. Retrieved April 12, 2008 from , Law.dictionary.com Web site: ()〕 Civil contempt can involve acts of omission. The judge will make use of warnings in most situations that may lead to a person being charged with contempt. It is relatively rare that a person is charged for contempt without first receiving at least one warning from the judge.〔Hill, G. (2008). Contempt of Court. Retrieved April 12, 2008 from , Law.dictionary.com Web site:
()〕 Constructive contempt, also called consequential contempt is when a person fails to fulfill the will of the court as it applies to outside obligations of the person. In most cases, constructive contempt is considered to be in the realm of civil contempt because of its passive nature.
Indirect contempt is something that is associated with civil and constructive contempt and involves a failure to follow court orders. Criminal contempt includes anything that could be called a disturbance such as repeatedly talking out of turn, bringing forth previously banned evidence, or harassment of any other party in the courtroom.〔 Direct contempt is an unacceptable act in the presence of the judge (in facie curiae), and generally begins with a warning, and may be accompanied by an immediate imposition of punishment. Yawning in some cases can be considered contempt of court.
Contempt of court has a significant impact on journalism in the form of restrictions on court reporting which are set out in statute in the UK.〔(Media Law Web, Winchester University,UK (2009)Web site )〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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