People v. Mowery

I agree with the majority that the circuit court had jurisdiction to enter the contempt order of July 19, 1982, and that the proceedings in the circuit court were flawed. I disagree, however, with the conclusions that the contempt was necessarily civil and that this matter ended with the expiration of the defendant’s term of probation.

The classification of contempts as criminal or civil turns on what kind of sanction — punitive or coercive — is the more appropriate answer to the contemnor’s act. Punishment is imposed when the contemnor affronts the dignity of the court, hinders its…