Obadele Brown October 2, 2007 Problem 4-B 1. It is permissible for the judge to merely gag Kathy rather than have her removed from the courtroom since she had an outburst and was warned that with another outburst she would be gagged. Kathy’s trial could not be carried on in court unless she was 1. Binded and gagged, thereby keeping him present; 2. Cite her for contempt; 3. Take her out of courtroom until she promises to conduct herself properly. These are three constitutionally acceptable ways and the judges choose number 1. 2. The pros of the alternative disciplinary measures discussed in State v. Lee are that when binded and gagged you are still in the courtroom and are able to hear and see what is going on in your trial. When cited for contempt you are able to stay in the courtroom and the jury does not get the visual affect that you are already a criminal. When taken out of the courtroom you are not perceived as a guilty. The cons are that when binded and gagged you are looked at as already guilty. Being cited for contempt gives the person
This is the end of the preview.
access the rest of the document.