United States v. Barnett

Mr. Justice Goldberg,

with whom

The Chief Justice and Mr. Justice Douglas join, dissenting.

In response to the certified question, I would answer that defendants have both a statutory and a constitutional right to have their case tried by a jury.

A. The Statutory Right to a Jury Trial.

Defendants claim that 62 Stat. 844, 18 U. S. C. § 3691, entitles them to a jury trial in this case. That statute provides in relevant part that “the accused, upon demand therefor, shall be entitled to trial by a jury” whenever the alleged contempt “shall consist in willful disobedience of *729any lawful writ, process,…