Summary Conviction
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
A phrase applied to proceedings which result in the sentence of an accused person without jury trial. At common law it was applied only in cases of contempt. Such proceedings are now frequently provided for by statute, either for trial by a court without a jury, or a final disposition of criminal cases by the committing magistrate. Such statutes are, in derogation of the right of trial by jury, secured by the state and federal constitutions and therefore must provide a right of appeal to a court having a jury. They usually apply only to lesser offences and to hardened offenders.
Summary proceedings as enumerated by Blackstone comprehend: 1.
All trials of offences and frauds contrary to the laws of the excise and other branches of revenue which are to be determined by the commissioners of the respective departments and justices of the peace in the country; such convictions are absolutely necessary for due collection of the public money.
2.
Convictions before Justices of the peace in order to inflict divers swearing, drunkenness, vagrancy, idleness, etc.
3.
Attachments for contempt and the subsequent proceedings thereon.
4 Bla. Com. 280.
See Summary Proceeding; Conviction.