• Login
    View Item 
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    The Summary Power to Punish for Contempt

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    The_Summary_Power_to_Punish_fo ...
    Size:
    406.6Kb
    Format:
    PDF
    Download
    Author
    Nelles, Walter
    Keyword
    contempt of court
    trial by jury
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/3994
    Abstract
    In the past three quarters of a century there have been many signs that the power to punish summarily for contempt of court is encroaching upon the once sacred "right" of trial by jury in criminal cases :-e.g., summary punishments for crimes affecting receiverships;1 the labor injunction, which, though it is a main subject of my interest, will receive only casual further mention here; various other instances where, in form, the question is rather as to scope of chancery power to enjoin than as to the scope of the contempt power;la and finally a small but growing class of cases, of which the Sinclair case,2 discussed later in this article, is an extreme instance, in which the question of summary punishment for crime is unconfused with that of equity jurisdiction. Trial by jury was an important egg in the setting from which democracy was hatched. And its decline is cumulative of much other evidence that democracy itself is in decline. That may be neither preventible nor evil; the place for what is worn out is the scrap-heali. It is possible that values that were well served by democracy and the jury system in"th eir prime may now be served better otherwise. But the devious and obscure processes of social change involve danger that real values may be sacrificed without our knowing it. Unsatisfactory though trial by jury has become, it does not follow that trial by a judge who is not directly checked by unprofessional common sense and common feeling is necessarily better. Answer to the question of how criminal justice may become efficient involves vastly more than easy choice between those two alternatives. For satisfactory answer, that question must be clearly faced. This paper is motived by a hope of contributing indirectly to that end, by stamping for what it is one of the red herrings-the punitive use of the contempt powerwhich confuse the scent of the true question.
    Collections
    Faculty Scholarship Series

    entitlement

     
    DSpace software (copyright © 2002 - 2023)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.