CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

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Monday, June 20, 2011

Opinion on right to counsel in civil contempt leading to imprisonment

The case is Turner v. Rogers. Here is the syllabus:

After a South Carolina family court ordered petitioner Turner to pay $51.73 per week to respondent Rogers to help support their child,Turner repeatedly failed to pay the amount due and was held in contempt five times. For the first four, he was sentenced to 90 days’ imprisonment, but he ultimately paid what he owed (twice without being jailed, twice after spending a few days in custody). The fifth time he did not pay but completed a 6-month sentence. After his release, the family court clerk issued a new “show cause” order against Turner because he was $5728.76 in arrears. Both he and Rogerswere unrepresented by counsel at his brief civil contempt hearing. The judge found Turner in willful contempt and sentenced him to 12 months in prison without making any finding as to his ability to pay or indicating on the contempt order form whether he was able to make support payments. After Turner completed his sentence, the South Carolina Supreme Court rejected his claim that the Federal Constitution entitled him to counsel at his contempt hearing, declaring that civil contempt does not require all the constitutional safeguards applicable in criminal contempt proceedings.

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June 20, 2011 | Permalink | Comments (0)

Sunday, June 19, 2011

Top-Ten Recent SSRN Downloads

Ssrn logo in criminal law and procedure ejournals are here. The usual disclaimers apply.

Rank Downloads Paper Title
1 1911 Less than Picture Perfect: The Legal Relationship between Photographers' Rights and Law Enforcement
Morgan Leigh Manning,
University of Tennessee, Knoxville - College of Law, [new to top ten]
2 366 The Objects of the Constitution
Nicholas Quinn Rosenkranz,
Georgetown University - Law Center,
Date posted to database: May 20, 2011 [4th last week]
3 335 Nothing to Hide: The False Tradeoff between Privacy and Security
Daniel J. Solove,
George Washington University Law School,
Date posted to database: May 11, 2011
4 282 FCPA Sanctions: Too Big to Debar?
Drury D. Stevenson, Nicholas J. Wagoner,
South Texas College of Law, South Texas College of Law,
Date posted to database: April 18, 2011 [5th last week]
5 248 Making Padilla Practical: Defense Counsel and Collateral Consequences at Guilty Plea
Gabriel J. Chin,
University of Arizona James E. Rogers College of Law,
Date posted to database: April 16, 2011 [6th last week]
6 228 Is it Finally Time to Put 'Proof Beyond a Reasonable Doubt' Out to Pasture?
Larry Laudan,
Instituto de Investigaciones Filosoficas, UNAM,
Date posted to database: April 21, 2011 [7th last week]
7 189 Immigration Consequences: A Primer for Texas Criminal Defense Attorneys in Light of Padilla v. Kentucky
Mario K. Castillo,
Southern District of Texas, Brownsville Division,
Date posted to database: May 11, 2011 [8th last week]
8 171 Moral Character, Motive, and the Psychology of Blame
Janice Nadler, Mary-Hunter McDonnell, Mary-Hunter McDonnell,
Northwestern University School of Law, Northwestern University - Kellogg School of Management, Northwestern University School of Law,
Date posted to database: April 21, 2011 [9th last week]
9 143 Rethinking the Indefinite Detention of Sex Offenders
Fredrick E. Vars,
University of Alabama - School of Law,
Date posted to database: May 24, 2011 [new to top ten]
10 142 The Lady, or the Tiger? A Field Guide to Metaphor and Narrative
Linda L. Berger,
Mercer University School of Law,
Date posted to database: April 25, 2011

June 19, 2011 | Permalink | Comments (0)