|
|
Harris v. United States, 382 U.S. 162 (1965)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Harris v. United States, 382 U.S. 162 (1965)
Harris v. United States No. 6 Argued October 11-12, 1965 Decided December 6, 1965 382 U.S. 162
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Petitioner, a grand jury witness, refused on self-incrimination grounds to answer certain questions. He and the grand jury were brought before the District Judge, who advised petitioner that he would receive immunity from prosecution and ordered him to answer the questions before the grand jury, but petitioner refused again. He was brought before the court again and sworn, and once more refused to answer on the ground of privilege. The District Judge thereupon adjudged petitioner guilty of criminal contempt and imposed a prison sentence under Rule 42(a) of the Rules of Criminal Procedure, which provides for summary punishment for criminal contempt committed in the court’s presence.
Held:
1. Summary punishment of criminal contempt under Rule 42(a) is reserved for such acts of misconduct in the court’s presence as threatening the judge or obstructing court proceedings and other exceptional circumstances requiring prompt vindication of the court’s dignity and authority. P. 164.
2. A refusal to testify, such as the one here, not involving a serious threat to orderly procedure, is punishable only after notice and hearing, as provided by Rule 42(b). Brown v. United States, 359 U.S. 41, overruled. Pp. 164-167.
334 F.2d 460 reversed and remanded.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Harris v. United States, 382 U.S. 162 (1965) in 382 U.S. 162 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=547RHXYICYTUESA.
MLA: U.S. Supreme Court. "Syllabus." Harris v. United States, 382 U.S. 162 (1965), in 382 U.S. 162, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=547RHXYICYTUESA.
Harvard: U.S. Supreme Court, 'Syllabus' in Harris v. United States, 382 U.S. 162 (1965). cited in 1965, 382 U.S. 162. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=547RHXYICYTUESA.
|