Summary Offence - United States

United States

"Infraction" redirects here. It is not to be confused with Infarction.

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. ยง 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

Read more about this topic:  Summary Offence

Famous quotes related to united states:

    You are, I am sure, aware that genuine popular support in the United States is required to carry out any Government policy, foreign or domestic. The American people make up their own minds and no governmental action can change it.
    Franklin D. Roosevelt (1882–1945)

    We are told to maintain constitutions because they are constitutions, and what is laid down in those constitutions?... Certain great fundamental ideas of right are common to the world, and ... all laws of man’s making which trample on these ideas, are null and void—wrong to obey, right to disobey. The Constitution of the United States recognizes human slavery; and makes the souls of men articles of purchase and of sale.
    Anna Elizabeth Dickinson (1842–1932)

    In the United States there is more space where nobody is is than where anybody is.
    Gertrude Stein (1874–1946)

    I incline to think that the people will not now sustain the policy of upholding a State Government against a rival government, by the use of the forces of the United States. If this leads to the overthrow of the de jure government in a State, the de facto government must be recognized.
    Rutherford Birchard Hayes (1822–1893)

    The United States is just now the oldest country in the world, there always is an oldest country and she is it, it is she who is the mother of the twentieth century civilization. She began to feel herself as it just after the Civil War. And so it is a country the right age to have been born in and the wrong age to live in.
    Gertrude Stein (1874–1946)