Skip to main content Skip to Search Box
Summary Article: contempt from The Columbia Encyclopedia

in law, interference with the functioning of a legislature or court. In its narrow and more usual sense, contempt refers to the despising of the authority, justice, or dignity of a court. A contempt of court can be classified as civil or criminal, direct or constructive. Civil and criminal contempts are distinguished by the function of the punishment—if it is to vindicate judicial authority, the contempt is criminal; if it is to enforce the rights and remedies of a party, the contempt is civil. A direct contempt is one committed in the presence of the court while it is in session. A constructive contempt is one that is committed at a distance from the court and that tends to obstruct or defeat the administration of justice. A refusal to answer a question when directed to answer by a judge is a direct criminal contempt. Disobeying an injunction or a court order that a judgment (e.g., alimony) be satisfied is a civil contempt. A major distinction is whether the court needs to hear evidence to determine if a contempt was committed. Direct criminal contempts may be punished summarily by fine or imprisonment; civil and constructive criminal contempts can also be punished by fine or imprisonment, but the accused must be granted a hearing. In the United States, Congress can punish for contempt of Congress behavior that occurs during legislative proceedings and that threatens its legislative power. Congress must act before it adjourns, and any imprisonment can last no longer than that session. State legislatures also have limited powers to punish for contempt.

  • See Miller, C. J., Contempt of Court (1989).
The Columbia Encyclopedia, © Columbia University Press 2017

Related Credo Articles

Full text Article Contempt
Bloomsbury Thematic Dictionary of Quotations

See also ridicule She was nothing more than a mere good-tempered, civil and obliging young woman; as such we could scarcely dislike her...

Full text Article Contempt
Respectfully Quoted

Edmund Burke Contempt is not a thing to be despised. Edmund Burke , Letters on a Regicide Peace, letter 3, 1796–1797, ...

See more from Credo