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Civil vs. criminal contempt

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 221 U.S. 418 - Gompers v. Bucks Stove & Range Co. · 1911Most cited · 658 citing opinions

Contempts are neither wholly civil nor altogether criminal. ... It is not the fact of punishment, but rather its character and purpose, that often serve to distinguish between the two classes of cases. If it is for civil contempt the punishment is remedial, and for the benefit of the complainant. But if it is for criminal contempt the sentence is punitive, to vindicate the authority of the court. ... But imprisonment for civil contempt is ordered where the defendant has refused to do an affirmative act required by the provisions of an order which, either in form or substance, was mandatory in its character. Imprisonment in such cases is not inflicted as a punishment, but is intended to be remedial by coercing the defendant to do what he had refused to do.