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:

    Places where he might live and die and never hear of the United States, which make such a noise in the world,—never hear of America, so called from the name of a European gentleman.
    Henry David Thoreau (1817–1862)

    It was evident that, both on account of the feudal system and the aristocratic government, a private man was not worth so much in Canada as in the United States; and, if your wealth in any measure consists in manliness, in originality and independence, you had better stay here. How could a peaceable, freethinking man live neighbor to the Forty-ninth Regiment? A New-Englander would naturally be a bad citizen, probably a rebel, there,—certainly if he were already a rebel at home.
    Henry David Thoreau (1817–1862)

    The United States is the only great nation whose government is operated without a budget. The fact is to be the more striking when it is considered that budgets and budget procedures are the outgrowth of democratic doctrines and have an important part in developing the modern constitutional rights.... The constitutional purpose of a budget is to make government responsive to public opinion and responsible for its acts.
    William Howard Taft (1857–1930)

    I thought it altogether proper that I should take a brief furlough from official duties at Washington to mingle with you here to-day as a comrade, because every President of the United States must realize that the strength of the Government, its defence in war, the army that is to muster under its banner when our Nation is assailed, is to be found here in the masses of our people.
    Benjamin Harrison (1833–1901)

    The United States themselves are essentially the greatest poem.
    Walt Whitman (1819–1892)