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18 USC CHAPTER 233 - CONTEMPTS 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 233 - CONTEMPTS

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CHAPTER 233 - CONTEMPTS

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Sec.

3691. Jury trial of criminal contempts.

3692. Jury trial for contempt in labor dispute cases.

3693. Summary disposition or jury trial; notice - Rule.

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18 USC Sec. 3691 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 233 - CONTEMPTS

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Sec. 3691. Jury trial of criminal contempts

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Whenever a contempt charged shall consist in willful disobedience

of any lawful writ, process, order, rule, decree, or command of any

district court of the United States by doing or omitting any act or

thing in violation thereof, and the act or thing done or omitted

also constitutes a criminal offense under any Act of Congress, or

under the laws of any state in which it was done or omitted, the

accused, upon demand therefor, shall be entitled to trial by a

jury, which shall conform as near as may be to the practice in

other criminal cases.

This section shall not apply to contempts committed in the

presence of the court, or so near thereto as to obstruct the

administration of justice, nor to contempts committed in

disobedience of any lawful writ, process, order, rule, decree, or

command entered in any suit or action brought or prosecuted in the

name of, or on behalf of, the United States.

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(June 25, 1948, ch. 645, 62 Stat. 844.)

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HISTORICAL AND REVISION NOTES

Based on sections 386, 389 of title 28, U.S.C., 1940 ed.,

Judicial Code and Judiciary (Oct. 15, 1914, ch. 323, Sec. 21, 24,

38 Stat. 738, 739).

The first paragraph of this section is completely rewritten from

section 386 of title 28, U.S.C., 1940 ed., Judicial Code and

Judiciary, omitting everything covered and superseded by rules 23

and 42 of the Federal Rules of Criminal Procedure.

The second paragraph of this section is derived from section 389

of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary,

omitting directions as to the trial of other contempts which are

now covered by rule 42 of the Federal Rules of Criminal Procedure.

Minor changes were made in phraseology.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 402 of this title.

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18 USC Sec. 3692 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 233 - CONTEMPTS

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Sec. 3692. Jury trial for contempt in labor dispute cases

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In all cases of contempt arising under the laws of the United

States governing the issuance of injunctions or restraining orders

in any case involving or growing out of a labor dispute, the

accused shall enjoy the right to a speedy and public trial by an

impartial jury of the State and district wherein the contempt shall

have been committed.

This section shall not apply to contempts committed in the

presence of the court or so near thereto as to interfere directly

with the administration of justice nor to the misbehavior,

misconduct, or disobedience of any officer of the court in respect

to the writs, orders or process of the court.

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(June 25, 1948, ch. 645, 62 Stat. 844.)

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HISTORICAL AND REVISION NOTES

Based on section 111 of Title 29, U.S.C., 1940 ed., Labor (Mar.

23, 1932, ch. 90, Sec. 11, 47 Stat. 72).

The phrase ''or the District of Columbia arising under the laws

of the United States governing the issuance of injunctions or

restraining orders in any case involving or growing out of a labor

dispute'' was inserted and the reference to specific sections of

the Norris-LaGuardia Act (sections 101-115 of Title 29, U.S.C.,

1940 ed.) were eliminated.

TAFT-HARTLEY INJUNCTIONS

Former section 111 of Title 29, Labor, upon which this section is

based, as inapplicable to injunctions issued under the Taft-Hartley

Act, see section 178 of Title 29.

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18 USC Sec. 3693 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 233 - CONTEMPTS

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Sec. 3693. Summary disposition or jury trial; notice - (Rule)

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SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Summary punishment; certificate of judge; order; notice; jury

trial; bail; disqualification of judge, Rule 42.

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(June 25, 1948, ch. 645, 62 Stat. 844.)

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