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Criminal Contempt |
Civil Contempt |
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Nature of offense |
A Crime |
Not a Crime |
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Proof Required |
beyond a reasonable doubt |
preponderance of the evidence |
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Procedure |
all criminal procedural safeguards apply, e.g. the privilege against self-incrimination |
only the usual due process rules apply, e.g. adequate notice of hearing |
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Trial |
no jury for "petty contempt" (sentence up to six months) right to jury trial if sentence is more than six months |
no right to jury trial |
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Purpose of Punishment |
punitive to vindicate authority of court |
remedial for benefit of plaintiff |
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Duration of Punishment |
defendant must undergo punishment regardless of later compliance with court order |
sanctions ends when defendant complies with court order |
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Note-the terms of the court order and scope of appellate review also vary with criminal and civil contempt. |
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