Kenneth Gharib v. Thomas H. Casey
DueProcess FifthAmendment
Whether the Recalcitrant Witness Statute's eighteen-month cap on coercive confinement, or a similarly objective measure, should inform the due process limit on indefinite confinement arising from a judicial finding of civil contempt made in the absence of procedures normally required in the criminal setting, in order to guide the broad discretion accorded judges in defining such limits?
QUESTION PRESENTED Whether the Recalcitrant Witness Statute’s eighteen-month cap on coercive confinement, or a similarly objective measure, should inform the due process limit on indefinite confinement arising from a judicial finding of civil contempt made in the absence of procedures normally required in the criminal setting, in order to guide the broad discretion accorded judges in defining such limits? i