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Brown Vs. United States
Cites for this judgment
- US Supreme Court
- Mar 09, 1959
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- Distinguished
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Brown v. UnitedSearch
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States - 359 U.S. 41 (1959) U.S. Supreme Court Brown v. UnitedSearch
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States, 359 U.S. 41 (1959) Brown v. UnitedSearch
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privilege against self-incrimination, and that the witness may not therefore lawfully refuse to testify. Brown v. WalkerSearch
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and the history of its reaffirmance through the years have been so recently reexamined by this Court in Ullmann v. UnitedSearch
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U. S. 422 , as to make it a needless exercise to retrace that ground here. Suffice it to repeat that Brown v. WalkerSearch
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personal to the judge, raising issues of possible unfairness resulting from the operation of human emotions. Cf. Coke v. UnitedSearch
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Sacher v. UnitedSearch
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Offutt v. UnitedSearch
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Nye v. UnitedSearch
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of no contempt. It was incumbent upon the court unequivocally to order the petitioner to answer. Cf. Wong Gim Ying v. UnitedSearch
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evidence, the proceeding would have been conducted upon notice and hearing in conformity with Rule 42(b). See Carlson v. UnitedSearch
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His deliberate refusal, Page 359 U. S. 51 continuing his contempt, cf. Yates v. UnitedSearch
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Because there is no statutory limit upon a District Court's sentencing power in cases of criminal contempt, Green v. UnitedSearch
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States, 356 U. S. 165 , this Court is not without power to review its exercise. Cf. Yates v. UnitedSearch
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Nilva v. UnitedSearch
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Green v. UnitedSearch
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Rogers v. UnitedSearch
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Wilson v. UnitedSearch
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United States v. CurcioSearch
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Lopiparo v. UnitedSearch
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United States v. WeinbergSearch
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F.2d 394, 396. For the earlier practice at common law, see People ex rel. Phelps v. FancherSearch
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Hackley v. KellySearch
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Heard v. PierceSearch
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In Rogers v. UnitedSearch
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that Rule 42(a) was reserved for exceptional circumstances. These might include threatening the judge, United States v. HallSearch
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or other acts disrupting court proceedings and obstructing the administration of the court's business. United States v. LandesSearch
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properly have summarily committed the petitioner to jail for civil contempt until he answered the questions. Oriel v. RussellSearch
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U. S. 358 , 278 U. S. 363 . See Gompers v. Buck'sSearch
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Rule 42(b), and the Government so concedes. That is the normal manner of proceeding in these cases. See Wong Gim Ying v. UnitedSearch
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Carlson v. UnitedSearch
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days of the termination of these proceedings under Rule 35. But that power has been held to be discretionary, Flores v. UnitedSearch
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Miller v. UnitedSearch
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Wheat. 204, 19 U. S. 231 . As MR. JUSTICE FRANKFURTER has said in Sacher v. UnitedSearch
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that, 'in the development of our liberty, insistence upon procedural regularity has been a large factor.' Burdeau v. McDowellSearch
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And, shortly thereafter, the Court adopted this viewpoint. See Offutt v. UnitedSearch
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This Court, with its supervisory power over the administration of criminal justice in the federal courts, McNabb v. UnitedSearch
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a not unreasonable fear in such circumstances. Regardless of the legal significance of such a defense, see Widger v. UnitedSearch
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Cammer v. UnitedSearch
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Cooke v. UnitedSearch
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the contempt found was for refusal to answer the six substantive questions, and not for any other answers. Cf. Carlson v. UnitedSearch
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O'Connell v. UnitedSearch
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Lang v. UnitedSearch
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U.S. Supreme Court Brown v. UnitedSearch
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Brown v. WalkerSearch
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Ullmann v. UnitedSearch
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