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Frank v. United States, 395 U.S. 147 (1969)
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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.
Frank v. United States, 395 U.S. 147 (1969)
Frank v. United States No. 200 Argued December 12, 1968 Decided May 19, 1969 395 U.S. 147
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
Syllabus
Petitioner was charged with criminal contempt for violating an injunction. After unsuccessfully demanding a jury trial, he was tried and adjudged guilty by the District Court, which suspended imposition of sentence and placed him on probation for three years. The Court of Appeals affirmed.
Held:
1. Petty offenses may be tried without a jury. In determining whether an offense can be classified as "petty," the most relevant criterion is the severity of the penalty authorized, and where no maximum penalty is authorized, the severity of the penalty actually imposed. Pp. 148-149.
2. Criminal contempt sentences of up to six months may be constitutionally imposed without a jury trial. See Cheff v. Schnackenberg, 384 U.S. 373. P. 150.
3. Congress made the federal probation statute (18 U.S.C. § 3651), under which most offenders may be placed on probation for up to five years, applicable to petty as well as more serious offenses, and thus petty offenses may be tried by any combination of penalties authorized by 18 U.S.C. § 1 and § 3651. P. 150.
4. Since petitioner’s sentence was within the limits of the congressional definition of petty offense, he was not entitled to a jury trial. P. 152.
384 F.2d 276, affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Frank v. United States, 395 U.S. 147 (1969) in 395 U.S. 147 395 U.S. 148. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=T87NDQF9QJYH5R5.
MLA: U.S. Supreme Court. "Syllabus." Frank v. United States, 395 U.S. 147 (1969), in 395 U.S. 147, page 395 U.S. 148. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=T87NDQF9QJYH5R5.
Harvard: U.S. Supreme Court, 'Syllabus' in Frank v. United States, 395 U.S. 147 (1969). cited in 1969, 395 U.S. 147, pp.395 U.S. 148. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=T87NDQF9QJYH5R5.
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