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Come on Indy Star...let's get the story right! Contempt of Court...

Legal News:

Here is a recent story from the Indianapolis Star:

Judge jails woman, frees accused rapist

By John Strauss

A man facing trial for his third felony sex-crime offense got out of jail while his accuser was locked up this week because she was too frightened to testify in Marion Superior Court.

**** spent Tuesday night in jail after Judge Patricia Gifford issued an arrest warrant for failing to appear as a witness in court.

**** says she'll testify when the rescheduled trial opens on Feb. 26. But she was angry about being jailed while the man accused of raping her at knifepoint was released without having to post bail.

"I'm furious that the system is this screwed up," she said Friday.

Commentary:

Plain English is really something that many segments of our society should try to get better at.  And generally, newspapers do a pretty good job of writing stories in a simplified manner so it is understandable to a large audience.

However, sometimes when someone tries to simplify something,  (Wow...that's a lot of S's....) things can get mighty mixed up.

For example, take this above story...

When I first looked at the headline, it screamed injustice!  And after reading the article, I just knew that somebody had to set the record straight:

First off, the Defendant was immediately eligible for bail because the alleged complaining victim failed to appear for the trial date.  If the alleged complaining victim had showed up to trial AS SHE WAS ORDERED TO DO...and testified AS SHE WAS ORDERED TO DO...the alleged rapist would probably still be in jail.

Second, I strongly suspect that a lot of schedules (prosecutor's, police, other witnesses' judge's, court's) got screwed up and pushed back when this one person decided to just blow off the court subpoena order.

Third, if you violate a court order without a legally sufficient excuse (such as impossibility), you better be prepared to face the consequences.  And that may mean some jail time...

Although jail time may be somewhat rare, it is usually ordered if the judge thinks one needs some time to reflect on what one did wrong.  Many times the judge will invite one back to court (after a short sit in the pokey) to inquire if they now understand the importance of a court order.  If the judge isn't impressed by any new found knowledge in that area, one might find themselves sitting in jail for an uncomfortably long time.  It's an educational experience like no other.

Let's talk about what contempt is... Contempt is conduct that tends to impede the judicial process by disrespectful or uncooperative behavior in open court or by unexcused failure to comply with a court order.

Here are some examples of contempt:

• Physical altercation occurring at the door of the courtroom although the court was not able to see the physical act itself;

• Disruptive acts or events done in the courtroom or just outside it while court is in session;

•  Refusal to rise on the entrance and exit of the judge;

• Tampering with jurors in the jury room;

• Abusive letter delivered to the judge in chambers while trial was in short recess;

• Refusal to answer questions in court.

• Failure to comply with a valid court order;

• Failure to appear in court;

• Attorney being late for trial;

• Offensive papers filed in court;

Generally, offensive comments even though spoken in open court are generally not contemptuous unless they are disruptive or boisterous.  However, I would strongly suggest that a court proceeding is a place where you should be on your best behavior.

Note to Reader:

• The name of the person alleged to be sexually assaulted in this case has been crossed out to protect her confidentiality.

• Got a "hot" legal news item that you would like to see a commentary on? Just drop the topic and/or your thoughts on it to Dwayne at his email address below.

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