Lewis v. United States, 518 U.S. 322, 8 (1996)

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Cite as: 518 U. S. 322 (1996)

Opinion of the Court

rect insult to the court . . . it frequently represents a rejection of judicial authority, or an interference with the judicial process . . . ." Codispoti, 418 U. S., at 516 (internal quotation marks omitted); see also Mayberry v. Pennsylvania, 400 U. S. 455, 465-466 (1971). In the face of courtroom disruption, a judge may have difficulty maintaining the detachment necessary for fair adjudication; at the same time, it is a judge who "determines which and how many acts of contempt the citation will cover," "determine[s] guilt or innocence absent a jury," and "impose[s] the sentence." Codispoti, 418 U. S., at 515. Therefore, Codispoti concluded that the concentration of power in the judge in the often heated contempt context presented the "very likelihood of arbitrary action that the requirement of jury trial was intended to avoid or alleviate." Ibid. The benefit of a jury trial, " 'as a protection against the arbitrary exercise of official power,' " was deemed particularly important in that context. Id., at 516 (quoting Bloom v. Illinois, 391 U. S. 194, 202 (1968)).

The absence of a legislative judgment about the offense's seriousness, coupled with the unique concerns presented in a criminal contempt case, persuaded us in Codispoti that, in those circumstances, the jury trial right should be determined by the aggregate penalties actually imposed. Codispoti was held to be entitled to a jury trial, because the sentence actually imposed on him for criminal contempt exceeded six months. By comparison, in Taylor v. Hayes, 418 U. S. 488 (1974), which similarly involved a defendant convicted of criminal contempt in a jurisdiction where the legislature had not specified a penalty, we determined that the defendant was not entitled to a jury trial, because the sentence actually imposed for criminal contempt did not exceed six months. Contrary to Justice Kennedy's argument, see post, at 331-334, 338, Codispoti and Taylor do not stand for the sweeping proposition that, outside their narrow context, the jury trial right is determined by the aggregate penalties faced by a defendant.

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