Showing posts with label civil contempt. Show all posts
Showing posts with label civil contempt. Show all posts

Wednesday, January 7, 2009

No charge, civil contempt, one stays in jail for years !!

Shocking. Crazy medieval practice.

One can spend a long time in jail in the U.S. without ever being charged with a crime.
It happened to H. Beatty Chadwick, a former Philadelphia-area lawyer, who has been behind bars for nearly 14 years without being charged.

Businessman Manuel Osete spent nearly three years in an Arizona jail without ever receiving a criminal charge. And investment manager Martin Armstrong faced a similar situation when he was held for more than six years in a Manhattan jail.

All three men were jailed for civil contempt, a murky legal concept. Some scholars say it is too often abused by judges, to the detriment of those charged and their due-process rights.

"These results of too many civil-contempt confinements are flatly outrageous and often unconstitutional," says Jayne Ressler, a professor at Brooklyn Law School.

In some contexts, the federal system limits civil-contempt confinement to 18 months. Some states have similar limits. But in other states, judges face few restrictions on how long someone can be held in civil contempt.

A judge generally can issue either a civil or criminal contempt charge whenever he or she feels that a party has disobeyed an order or has disrupted a proceeding.

Crazy stuff. Abusive system out of control.

http://online.wsj.com/article/SB123137263059962659.html

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