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Cheff Vs. Schnackenberg
Cites for this judgment
- US Supreme Court
- Jun 06, 1966
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U.S. 373 (1966) U.S. Supreme Court Cheff v. SchnackenbergSearch
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U.S. 373 (1966) Cheff v. SchnackenbergSearch
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rather than criminal, is irrelevant, since a jury trial is not required in civil contempt proceedings. Shillitani v. UnitedSearch
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order of the court, not that of the FTC. P. 384 U. S. 378 . 2. Even assuming, contrary to United States v. BarnettSearch
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of the Constitution and the Fifth and Sixth Amendments. Green v. UnitedSearch
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CHIEF JUSTICE, MR. JUSTICE BRENNAN and MR. JUSTICE FORTAS join. This is a companion case to No. 412, Shillitani v. UnitedSearch
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States, and No. 442, Pappadio v. UnitedSearch
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F.2d 548. Cheff and Holland petitioned for certiorari. We denied Holland's petition, Holland Furnace Co. v. SchnackenbergSearch
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of imprisonment of six months is constitutionally permissible under Article III and the Sixth Amendment. Cheff v. SchnackenbergSearch
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order, Holland Furnace Co. v. FTCSearch
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rather than criminal, in nature. This may be true where the purpose of the proceeding is remedial. Cf. Shillitani v. UnitedSearch
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Page 384 U. S. 378 (1964 ed.). See e.g., cases cited in United States v. BarnettSearch
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Only two Terms ago, we held to the contrary in United States v. BarnettSearch
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to prosecute a petty offense, which under our decisions does not require a jury trial. Over 75 years ago, in Callan v. WilsonSearch
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a jury trial is not required. And as late as 1937, the Court reiterated in District of Columbia v. ClawansSearch
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Natal v. LouisianaSearch
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Schick v. UnitedSearch
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joined by THE CHIEF JUSTICE and MR. JUSTICE DOUGLAS, took the position in his dissenting opinion in United States v. BarnettSearch
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Page 384 U. S. 380 Since Cheff received a sentence of six months' imprisonment ( see District of Columbia v. ClawansSearch
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contempt, an offense sui generis, does not, of itself, warrant treatment otherwise ( cf. District of Columbia v. ColtsSearch
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one. Ante at 384 U. S. 356 . However, as recently as 1958, this Court, in Green v. UnitedSearch
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Eilenbecker v. PlymouthSearch
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Interstate Commerce Comm'n v. BrimsonSearch
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Gompers v. BucksSearch
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Gompers v. UnitedSearch
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Myers v. UnitedSearch
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Michaelson v. UnitedSearch
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Offutt v. UnitedSearch
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with whom MR. JUSTICE BLACK concurs, dissenting. I I adhere to the view expressed in the dissents in Green v. UnitedSearch
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States, 356 U. S. 165 , 356 U. S. 193 , and United States v. BarnettSearch
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notion that the trial of a petty offense could be conducted without a jury was first expounded by this Court in Callan v. WilsonSearch
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held that the offense charged -- conspiracy -- was not among them. Id. at 127 U. S. 555 . In Natal v. LouisianaSearch
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And in Schick v. UnitedSearch
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petty offenses and those more serious transgressions for which a jury trial is required. In District of Columbia v. ColtsSearch
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Id. at 282 U. S. 73 . The most recent case is District of Columbia v. ClawansSearch
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as District of Columbia v. ColtsSearch
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a power which has been denied the federal judiciary since the beginning of our republic. See United States v. HudsonSearch
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Green v. UnitedSearch
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of historical materials in Barnett has been subjected to some criticism ( see, e.g., Tefft, United States v. BarnettSearch
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Brief for the United States 27-58 and Appendix, passim, Harris v. UnitedSearch
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Brown v. UnitedSearch
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Piemonte v. UnitedSearch
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Reina v. UnitedSearch
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Collins v. UnitedSearch
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