Rethinking Civil Contempt Incarceration
Under current federal law civil contempt is governed by the Federal Rules of Civil Procedure, yet it often results in incarceration. This incarceration can, and in a few cases has been, indefinite. The unlimited duration of civil contempt represents the pinnacle of judicial power, and yet it is a topic which has generated surprisingly little scholarship or case law. This Article explores the history and development of modern contempt law, and finds that while the federal law treats all civil contemnors equally, historically and in many states, contemnors are classified by the type of civil contempt committed. This Article proposes adopting a contempt-sensitive approach at the federal level.
Civil Law | Civil Rights and Discrimination | Constitutional Law | Criminal Law | Criminal Procedure | Family Law | Law and Society
Date of this Version
Jessica C. Kornberg, "Rethinking Civil Contempt Incarceration" (August 30, 2006). bepress Legal Series. bepress Legal Series.Working Paper 1666.