SUMMARY CONTEMPT MAY PROPERLY BE APPLIED TO THE ORDERLY REFUSAL OF WITNESSES TO TESTIFY AT TRIAL AFTER GRANT OF IMMUNITY - UNITED STATES V WILSON

• NCJ Number: 31661
• Journal: American Criminal Law Review Volume: 13 Issue: 2 Dated: (FALL 1975) Pages: 271-283
• Author(s): R L Wyld
• Date Published: 1975
• Length: 13 pages
• Corporate Author: American Bar Association
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE DEVELOPMENT OF AND LIMITATIONS TO THE COURTS' POWER TO HOLD WITNESSES SUMMARILY IN CONTEMPT IS TRACED AND THE EFFECTS OF A RECENT DECISION ON THESE LIMITATIONS ARE DISCUSSED.

Abstract

THIS DECISION (US V. WILSON) REPRESENTS A DEPARTURE FROM THE HISTORICAL TREND TOWARD NARROWING THE SCOPE OF A COURT'S SUMMARY POWER TO PUNISH OR IMPRISON WITHOUT DUE PROCESS. THE GRANT OF IMMUNITY BY A COURT TO A WITNESS IS REGARDED AS THE REMOVAL OF HIS RATIONALE FOR SILENCE. IF HE STILL REFUSES TO SPEAK, HE IS THEN CONSIDERED TO BE IMPEDING THE PROGRESS OF THE COURT AND CAN BE SUMMARILY CITED FOR CONTEMPT.