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common law criminal contempt

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Eagal

Junior Member
What is the name of your state (only U.S. law)? NH.
What is [Common law criminal contempt] ? and where can i find it ? i have searched criminal code, domestic relations and assaults.
 


CdwJava

Senior Member
You have searched the New Hampshire codes and could not find a contempt statute?

Are you talking about contempt of court?
 

Eagal

Junior Member
possibly has something to do with domestic violance, or a blue law, it's a chargable offense in district court.
I read it in the local court log and i'm just couriouse.
 

CdwJava

Senior Member
possibly has something to do with domestic violance, or a blue law, it's a chargable offense in district court.
I read it in the local court log and i'm just couriouse.
Hard to say what it involved without more information. There are a number of codes that have contempt references in them. I found 42 references to "contempt" in the NH codes.
 

BOR

Senior Member
What is the name of your state (only U.S. law)? NH.
What is [Common law criminal contempt] ? and where can i find it ? i have searched criminal code, domestic relations and assaults.
"Common law" refers to "Court/Judge" made law, and as such the "Case law" similar terminology, will have cases on it. A law libarary will be replete with them.

Cases decided by the United States Supreme Court are the "Common law", as an example.

There very well could be statutory law on it also.

OR common law may be in reference to law not actually in print, but handed down from English Jurisprudence. Most states have abrogated that type of CL offense though.
 
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proud_parent

Senior Member
Although characterized as a crime, criminal contempt should properly be viewed as a non-statutory offense.
State v. Mart_ina, 135 N.H. 111, 116, 600 A.2d 132, 135 (1991)


Contempt is "a specific and substantive [common law] offense that is separate and distinct from the matter in litigation out of which the contempt arose." Town of Nottingham v. Cedar Waters, Inc., 118 N.H. 282, 285 (1978) (quotation omitted). The two classes of contempt – civil and criminal – are distinguished by the character and purpose of the possible punishment. While civil contempt is remedial and aims to coerce compliance with a court order for the benefit of the complainant, criminal contempt seeks to vindicate the dignity of the court by punishing the contemnor with a determinate sentence. See id. Criminal contempt proceedings arising out of civil litigation are between the public and the defendant. See id.

Generally, a proceeding for criminal contempt must satisfy the procedural requirements of a criminal proceeding. State v. Lieber, 146 N.H. __, __ , 767 A.2d 452, 454 (2001). The common law of this State, however, has not precluded the institution and prosecution of certain criminal complaints by private citizens within established limitations. See State (Haas Complainant) v. Rollins, 129 N.H. 684, 685 (1987). This common law principle, we believe, extends to the initiation and prosecution of a criminal contempt proceeding by a private attorney.
Rogowicz v. O'Connell, 147 N.H. 270, 273 (2001)
 

CdwJava

Senior Member
If it is chargeable in district court as the OP says, there has to be a statute connected to it. Ergo, it would help to know what the whole thing is about.
 

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