Prosecuting Contempt by Samuel L. Bray and Aditya Bamzai.

Prosecuting Contempt by Samuel L. Bray and Aditya Bamzai.

Criminal contempt prosecutions sit uneasily within the standard adversarial model of U.S. criminal law. Federal courts may appoint prosecutors for contempt , a practice that has long raised constitutional concerns about judges exercising what appears to be executive power. This article offers a grounded and doctrinally rigorous analysis to date of whether such appointments are lawful.

This paper provides a clear, historically anchored foundation for understanding why contempt is and always has been a judicially controlled domain, even when it resembles criminal prosecution.

Read: http://spkl.io/604076Pp0
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