Harris v. United States (1965)
- Docket
- 6
- Decided
- 1965-01-01
- Category
- General
Summary
Question: Is Harris guilty of criminal contempt under Federal Rule of Criminal Procedure 42(a)? Conclusion: No. In a 5-4 decision, Justice William O. Douglas wrote for the majority and held that Harris' conduct did not rise to the level of contempt covered under 42(a). The rule is reserved for acts such as threatening the judge or disrupting a hearing. The Court also felt the "real contempt" occurred before the grand jury, not the district court. Because Harris' conduct was not covered, he should be given notice of and a separate hearing for criminal contempt as provided by Rule 42(b). With this decision the court overruled Brown v. United States , 359 U.S. 41 (1959). Justice Potter Stewart wrote a dissent stating that the issue was resolved in Brown and there is no reason to overrule that decision.