1994 US Code
Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 21 - CONTEMPTS
Sec. 401 - Power of court
View MetadataPublication Title | United States Code, 1994 Edition, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 21 - CONTEMPTS Sec. 401 - Power of court |
Contains | section 401 |
Date | 1994 |
Laws in Effect as of Date | January 4, 1995 |
Positive Law | Yes |
Disposition | standard |
Source Credit | June 25, 1948, ch. 645, 62 Stat. 701. |
Statutes at Large References | 36 Stat. 1163 62 Stat. 701 |
§401. Power of court
A court of the United States shall have power to punish by fine or imprisonment, at its discretion, such contempt of its authority, and none other, as—
(1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;
(2) Misbehavior of any of its officers in their official transactions;
(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.
(June 25, 1948, ch. 645, 62 Stat. 701.)
Historical and Revision NotesBased on section 385 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, §268, 36 Stat. 1163).
Said section 385 conferred two powers. The first part authorizing courts of the United States to impose and administer oaths will remain in title 28, U.S.C., 1940 ed., Judicial Code and Judiciary. The second part relating to contempt of court constitutes this section.
Changes in phraseology and arrangement were made.
Federal Rules of Criminal ProcedureProsecution of criminal contempt by summary disposition or notice and hearing, see rule 42, Appendix to this title.
Statutory provisions defining criminal contempts, see Notes of Advisory Committee on Rules, rule 42.
Cross ReferencesForeign witnesses, see section 1784 of Title 28, Judiciary and Judicial Procedure.
Garnishee, failure to appear at term for which summoned, as contempt, see section 2405 of Title 28.
Obstruction of justice, see section 1501 et seq. of this title.
Section Referred to in Other SectionsThis section is referred to in section 3148 of this title.
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