766
Indirect Criminal ContemptRole of the Grand Jury
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In Green v. United States, 356 U.S. 165, 187 (1958), the
Supreme
Court held that criminal contempt actions need not be instituted by an
indictment
within the meaning of the Fifth Amendment of the United States Constitution.
Although an indictment by a grand jury is not imperative in order to
institute
a criminal contempt action, such an action may be instituted by an
indictment.
United States v. Bukowski, 435 F.2d 1094, 1103 (7th Cir. 1970),
cert.
denied, 401 U.S. 911 (1971); United States v. Snyder, 428 F.2d
520,
522 (9th Cir. 1970), cert. denied, 400 U.S. 903 (1970); Carlson v.
United States, 209 F.2d 209, 218 (1st Cir.); United States v.
Goldfarb, 167 F.2d 735 (2d Cir. 1948). In such a case, however, the
indictment must comply with the notice requirements of Rule 42(b) of the
Federal
Rules of Criminal Procedure. United States v. Mensik, 440 F.2d 1232
(4th
Cir. 1971). Cases have indicated that it may be objectionable to proceed by
way
of indictment because the interjection of an independent body into the
contempt
process might interfere with or impede judicial disposition of such matters.
United States v. Levya, 513 F.2d 774, 775 (5th Cir. 1975).
[cited in USAM 9-39.000] | |