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:

    Falling in love with a United States Senator is a splendid ordeal. One is nestled snugly into the bosom of power but also placed squarely in the hazardous path of exposure.
    Barbara Howar (b. 1934)

    The United States never lost a war or won a conference.
    Will Rogers (1879–1935)

    The House of Lords, architecturally, is a magnificent room, and the dignity, quiet, and repose of the scene made me unwillingly acknowledge that the Senate of the United States might possibly improve its manners. Perhaps in our desire for simplicity, absence of title, or badge of office we may have thrown over too much.
    M. E. W. Sherwood (1826–1903)

    In no other country in the world is the love of property keener or more alert than in the United States, and nowhere else does the majority display less inclination toward doctrines which in any way threaten the way property is owned.
    Alexis de Tocqueville (1805–1859)

    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)