Contempt Flashcards
What does a “strict liability” criminal offense mean
Your intention does not matter
What must prosecution prove in a case of contempt
That what you published created or had the potential to create a “substantial risk of serious prejudice or impediment” to a trial when a case is active.
What is Contempt
anything that interferes with the course of justice - exists to protect the fairness of any trail in the case.
What is the punishment if found guilty of contempt
Unlimited fine and/or a jail sentence of up to 2 years
Is Contempt a Civil or Criminal case
Criminal
When does a case in Criminal proceedings become active
- An arrest is made without warrant
- Someone is charged Orally
- An indictment of charges is served
- A warrant has been issued
- A summons has been issued
When are proceedings active in a Civil case
The case has been set down for trial or a date for the trial has been fixed
When are proceedings in an Inquest Active
when in inquest is opened
When does a case cease to be active
- no arrest is made within 12 months of an arrest warrant being issued
- the case is discontinued
- the defendant is sentenced or acquitted
- defendant is found unfit to stand trail or unfit to plead
- court orders the charge to lie on the file
What is the Fade Factor
The theory that media reports are less likely to affect jurors the further away in time they are when a case is actually heard
what are the 7 things if published that could create a “substantial risk of serious prejudice”
- stating that the person arrested committed the crime
- publishing a photo or ID description if identification would be an issue at trial
- using the word Murder
- detailed witness statements
- previous convictions
-anticipating or influencing the verdict - background material / Lifestyle
