The American Judiciary by LLD Simeon E. Baldwin
page 303 of 388 (78%)
page 303 of 388 (78%)
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Arkansas Reports, 384; State _v._ Shepherd, 177 Missouri
Reports, 205; 76 Southwestern Reporter, 79; _Ex parte_ Robinson, 19 Wallace's Reports, 505, 510.] The accused is not entitled as of right to a trial by jury. The judge is the best guardian of the dignity of the court.[Footnote: _In re_ Debs, 158 U. S. Reports, 564, 595.] The rule of criminal law that to convict a man of crime requires proof of guilt beyond a reasonable doubt applies to all proceedings of contempt. The accused is also allowed to go free on giving bail until final sentence, if that is to be preceded by any preliminary inquiry involving adjournments from day to day. No such inquiry is necessary when the contempt is plain and was committed in the presence of the court. In the courts of the United States and in most of the States no appeal is allowed for errors in law from a summary sentence of punishment for a contempt of court. Appeals lie only from final judgments in a cause, and such a sentence for contempt is not so regarded.[Footnote: _ex parte_ Bradley, 7 Wallace's Reports, 364, 376.] If the contempt be (as it may be) made the subject of a formal criminal prosecution and a jury trial, an appeal is allowed. A punishment inflicted for contempt, even though it goes beyond the rightful jurisdiction of the court in such a matter, is a judicial act, and does not expose the judge passing the sentence to an action for damages.[Footnote: Bradley _v._ Fisher, 13 Wallace's Reports, 335.] |
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