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Home » Consumer Information » Crime

Summary Offense

A Summary Offense is a minor crime that may be tried without the benefit of a Jury. They are crimes which are not punishable by more than 6 months in prison, and usually result in nothing more than a fine. A Judge will have complete discretion over these matters, including the determining of guilt or innocence and the final verdict.

Examples of Summary Offenses

These offenses are usually minor infractions such as traffic violations. Parking tickets or speeding ticket cases may be brought before a Judge to be tried and determined in just a few moments times. Many of these cases will never even be brought before a Judge. They will simply involve a fine and in some instances a form of punishment or correction such as enrollment in a traffic school class.

Contempt of Court

Every Judge has the ability to declare a person to be in contempt of the Court. Some of the more common reasons that warrant this judgement include acting in a disrespectful manner towards the judge or Court proceedings, acting in a manner which is contrary to the order which is expected in every Court, acting in such a way that the business of the Court is disrupted or doing anything that would negate the possibility of a fair trial.

The actions that lead to a declaration of contempt may be either direct or indirect. A direct action happens in front of the judge where it can be seen and heard immediately. An indirect action happens outside of the court and is later brought to the attention of the presiding Judge.

Judges have the ability to create a sentence that they consider to be reasonable based on the type and level of contempt that has been displayed. In most instances, a fee will be given to the offending party, and for more serious matters time in prison may be given.

Hugo Black

Not everyone agrees with the ability of a Judge to give a Summary Offense, including members of the Judicial Branch. Hugo Black, a Justice of the Supreme Court, argued that this practice was not fair, and gave Judges too much individual power. He made a comment in which he stated "It is high time, in my judgment, to wipe out root and branch the judge-invented and judge-maintained notion that judges can try criminal contempt cases without a jury." to explain his feelings on the matter that the process of Summary Offense should be done away with.

Most cases that are tried in any court room will be held in front of a jury of twelve people who will debate the evidence that is presented and make a determination of guilt or innocence. Cases of a smaller nature may be tried by a Judge alone, and that Judge will then be given full power to decide the outcome.