MAN INCARCERTATED FOR SIX YEARS WITHOUT BEING CHARGED WITH A CRIME

http://www.ocregister.com/articles/nazarzai-728677-court-judge.html

I know what many of you are thinking. “This can’t be right.” The power to incarcerate a man for contempt is one of the few powers judges have that is left virtually unchecked. In order to jail someone for a crime a judge, prosecutor, and often a jury have to agree a crime has been committed and that crime is worthy of incarceration. Contempt is a whole different animal.

Basically, it comes down to a willful violation of a court order. Unlike normal crimes that have the protections juries and prosecutors provide, to be jailed for contempt only requires a single judge believing you violated his or her order. Such is the case with the gentleman in the above article. The judge ordered him to turn over money he says he no longer owns. Judge doesn’t believe he doesn’t have the money. There isn’t a jury to decide nor a prosecutor to check if there is enough evidence to substantiate the claim the money is still available. All it takes is this judge’s belief the money is available and the jailed is refusing to turn it over. See you in six years.

For those who believe “this can’t be right.” While it is factually true, you are correct. It’s not right.

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