Summary Offence - United States

United States

In the United States, "there are certain minor or petty offenses that may be proceeded against summarily, and without a jury". Any crime punishable by more than six months imprisonment must have some means for a jury trial. Federal law is codified at 18 U.S.C. § 19. Some states, such as California, provide that all common law crimes and misdemeanors require a jury trial. Some states provide that in all offenses the defendant may demand a jury trial.

Contempt of court is considered a prerogative of the court, as "the requirement of a jury does not apply 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'". There have been criticisms over the practice. In particular, Supreme Court Justice Hugo Black wrote in a dissent that "t is high time, in my judgment, to wipe out root and branch the judge-invented and judge-maintained notion that judges can try criminal contempt cases without a jury."

Also known as:

• Violation
• Violation law
• Violation crime
• Violation trial