18 U.S.C. § 3692 — Jury trial for contempt in labor dispute

Page 877 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3731 CHAPTER 233—CONTEMPTS Sec. 3691. Jury trial of criminal contempts. 3692. Jury trial for contempt in labor dispute cases. 3693. Summary disposition or jury trial; notice— Rule. § 3691. Jury trial of criminal contempts Whenever a contempt charged shall consist in willful disobedience of any lawful writ, process, order, rule, decree, or command of any district court of the United States by doing or omitting any act or thing in violation thereof, and the act or thing done or omitted also constitutes a criminal offense under any Act of Congress, or under the laws of any state in which it was done or omitted, the accused, upon demand therefor, shall be entitled to trial by a jury, which shall conform as near as may be to the practice in other criminal cases. This section shall not apply to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in dis- obedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States. (June 25, 1948, ch. 645, 62 Stat. 844.) HISTORICAL AND REVISION NOTES Based on sections 386, 389 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Oct. 15, 1914, ch. 323, §§ 21, 24, 38 Stat. 738, 739). The first paragraph of this section is completely re- written from section 386 of title 28, U.S.C., 1940 ed., Ju- dicial Code and Judiciary, omitting everything covered and superseded by rules 23 and 42 of the Federal Rules of Criminal Procedure. The second paragraph of this section is derived from section 389 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary, omitting directions as to the trial of other contempts which are now covered by rule 42 of the Fed- eral Rules of Criminal Procedure. Minor changes were made in phraseology. § 3692. Jury trial for contempt in labor dispute cases In all cases of contempt arising under the laws of the United States governing the issuance of injunctions or restraining orders in any case in- volving or growing out of a labor dispute, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the contempt shall have been committed. This section shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the ad- ministration of justice nor to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders or process of the court. (June 25, 1948, ch. 645, 62 Stat. 844.) HISTORICAL AND REVISION NOTES Based on section 111 of Title 29, U.S.C., 1940 ed., Labor (Mar. 23, 1932, ch. 90, § 11, 47 Stat. 72). The phrase ‘‘or the District of Columbia arising under the laws of the United States governing the issuance of injunctions or restraining orders in any case involving or growing out of a labor dispute’’ was inserted and the reference to specific sections of the Norris-LaGuardia Act (sections 101–115 of Title 29, U.S.C., 1940 ed.) were eliminated. Statutory Notes and Related Subsidiaries TAFT-HARTLEY INJUNCTIONS Former section 111 of Title 29, Labor, upon which this section is based, as inapplicable to injunctions issued under the Taft-Hartley Act, see section 178 of Title 29. § 3693. Summary disposition or jury trial; no- tice—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Summary punishment; certificate of judge; order; no- tice; jury trial; bail; disqualification of judge, Rule 42. (June 25, 1948, ch. 645, 62 Stat. 844.) CHAPTER 235—APPEAL Sec. 3731. Appeal by United States. 3732. Taking of appeal; notice; time—Rule. 3733. Assignment of errors—Rule. 3734. Bill of exceptions abolished—Rule. 3735. Bail on appeal or certiorari—Rule. 3736. Certiorari—Rule. 3737. Record—Rule. 3738. Docketing appeal and record—Rule. 3739. Supervision—Rule. 3740. Argument—Rule. 3741. Harmless error and plain error—Rule. 3742. Review of a sentence. Editorial Notes AMENDMENTS 1984—Pub. L. 98–473, title II, § 213(b), Oct. 12, 1984, 98 Stat. 2013, added item 3742. § 3731. Appeal by United States In a criminal case an appeal by the United States shall lie to a court of appeals from a deci- sion, judgment, or order of a district court dis- missing an indictment or information or grant- ing a new trial after verdict or judgment, as to any one or more counts, or any part thereof, ex- cept that no appeal shall lie where the double jeopardy clause of the United States Constitu- tion prohibits further prosecution. An appeal by the United States shall lie to a court of appeals from a decision or order of a district court suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defend- ant has been put in jeopardy and before the ver- dict or finding on an indictment or information, if the United States attorney certifies to the district court that the appeal is not taken for purpose of delay and that the evidence is a sub- stantial proof of a fact material in the pro- ceeding. An appeal by the United States shall lie to a court of appeals from a decision or order, en- tered by a district court of the United States, granting the release of a person charged with or convicted of an offense, or denying a motion for revocation of, or modification of the conditions of, a decision or order granting release. The appeal in all such cases shall be taken within thirty days after the decision, judgment