Is this contempt of court?
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Is this contempt of court?
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Prior to the Judge entering the room and sitting on the bench, the bailiff says, "All rise." If you do not rise, but remain seated, is this contempt of court? Rising is a gesture of respect, which I have none for either the Judge or the court. Additional Details Ok folks, I got soooo many responses within a short period of time. I got called stupid and other things. Seriously, I am far from stupid and I am not a "nut" case. I have just seen sooo many things in the courtroom that should not be, that this is my way of showing my contempt for the injustice that there clearly is. I am; not brining in a gun and shooting the jugde or something more violent to show my contempt, I am simply not standing. I dont stand for the flag nor do I say the Pledge of Allegiance either, as "with liberty and justice for all," simply is not the American reality. Maybe if some of you have had or known people that died after their lives work was taken via eminent domain or their life was officially over due to a criminal charge that they clearly did not do, and many, many more experiences that I have had, maybe more of you would feel the same and start stepping up and stating your contempt for these injustices, like I am. It HAS to start somewhere.
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Songbyrd JPA ✡ Jewish Lawyer
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Do it. Then when you are sitting in jail, be so proud that you can stand on principle. Chances are they won't notice. Or they might. Just make sure you do not have to go before that court or judge. You will wish you had stood. |
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luv'nthe80s
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If you are the defendant you should rise whether you have respect or not. You should respect the judge and the jury (if there is one) by rising, they are the ones judging your case. That's just common sense. No point in trying to make a point or proving you don't respect anyone by staying seated.
Whether it's contempt of court or not, I don't know. But it's not smart either way. |
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scottclear
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No. Contempt constitutes disobedience to a direct order of the Court. The bailiff has no power to order you to rise. However, if the judge orders you to rise and approach the bench, it would be contempt if you failed to do so.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. ** |
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bettyswestbrook
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you rise to show that you respect the rights of others to justice, the respect is not to the judge or the court, it is to the people who depend on the judge and the court for justice. I am sure that lots of people have not liked a certain judge or court or decision handed down, but everyone should respect the rights of all other people. Otherwise, we become not a country of laws and rights, but a country of "might makes right" |
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SCOTT M
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No. There is no law that says you must respect either the judge or the court. Showing respect for the court is not natural behavior; it is LEARNED behavior. When the judge cites you for contempt, fines you, and tosses you in jail for a few days, he is trying to TEACH you about respect.
As a rule, judges in situations like this prove to be VERY good teachers. |
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Renegade 411
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yes |
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working mom of 3
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"All rise" is a command given to all in the courtroom. It doesn't matter what your individual "feelings" are. It sounds like you think you will be making some grandstand display by not standing. You won't. Odds are, the judge won't even notice. Most say "be seated" before they even take the stand. |
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King Mustard III
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You're an idiot. |
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kt
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i agree with you... but when your surround by people who rise it's one against a room full and that's how the law works... i know some one who got sentenced for something similar last week... it stemed from a peacefull protest... which we have have a right to be part of... in the end the law can make anything it wants illegal. |
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☼miss cleo☼
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Technically yes, but it is up to the judge. You can get a cranky one who will warn you and hold you in contempt- or you may get an indifferend judge who doesn't even notice. |
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Esmerelda
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Yes and if you have been charged with a criminal offense, remember that you will already have a strike against you any time your lawyer has to work with him and when it comes to sentencing, you will really be wishing you'd "risen" to the occasion.
The judge represents the law of the land. Show your respect for that. |
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wizbangs
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Yes. Showing a lack of respect for the court translates into Contempt of Court.
Go ahead and make your statement. If the judge is having a bad day, he'll fine you. |
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open4one
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Contempt of Court is whatever the Judge of that court says it is.
I've heard of Judges that at least threatened it for appearing dressed inappropriately, in the judge's opinion. Ever see the movie "My Cousin Vinnie"? Joe Pesci was threatened because he appeared in an Alabama (I think it was Alabama) courtroom in a leather suit jacket.
Just about anything can be Contempt. |
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americanfreeman
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yes it can be contempt. What do you respect ? |
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Homer
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you have a right to demand your rights, but it may be from a cell |
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gamerwench
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Yes it is - the judge can find you in contempt of court if you do anything that displeases him. |
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wizjp
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Yes it is ; as welll as a stupid place to take that battle to. |
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Maris
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Yes it is. |
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Mallory W. <33
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Yes but you would get a warning first before you were put in contempt.
I wouldnt try that though. |
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Bob M
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Bless you for sitting on your ass. There is noone in a courtroom who has proved they are honorable or deserve respect. All judges and attorneys are just members of a private club who can do whatever they want in their little mahogay playground. |
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