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Civil vs. Criminal Law: Untangling the Legal Battles
With mountains of litigation piling up against President Donald Trump’s many Executive Orders, it is important for the average citizen to understand the differences between civil law and criminal law.
A civil case is when one entity brings a legal action against another entity to correct some alleged wrongdoing.
The corrective action may be an injunction to stop something from happening or to make something happen or it may be a request for money damages to compensate the plaintiff for damages suffered.
The legal documents to begin a civil lawsuit are much different than a criminal case and so are the legal procedures followed to advance a case towards trial.
Civil cases often are highly complex with multiple parties suing each other in the same case.
Discovery of information, while a case is pending, also, is far more complicated in a civil case than a criminal matter.
On this episode of Next Witness…Please, retired judge co-hosts, Gayle Williams-Byers and Thomas Hodson break down the typical discovery methods.
They talk about the production of documents and the importance that documents play in most civil matters.
They also explain the differences between written interrogatories and depositions, the taking of oral testimony, under oath, of a potential witness prior to trial.
If a civil matter reaches the trial stage, there are differences in the trial from a criminal case. Our co-hosts translate those differences into everyday terms for all to understand.
By the end of this podcast episode, you will have a greater understanding of civil litigation and civil procedures.
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1:06:23
Trump v. Congress: Who has the power of the purse?
The Trump Administration is setting out on a constitutional collision course by impounding funds that Congress has already appropriated.
The question will be: Does the president have the power to halt, delay or not spend money that Congress has appropriated for specific projects or agencies?
Article 1 Sec. 9 Clause 7 gives Congress the power of the purse. Congress has the power to appropriate money. Presidents are to carry out the will of Congress regarding spending.
For clarification, Congress passed the Impoundment Control Act of 1974 which provides the president with a mechanics to withhold funding but not cancel it.
However, before delaying or withholding funds, the president must send a “Special Message” to Congress stating the reasons for the impoundment along with an estimate of the fiscal, economic, and budgetary effects.
The bill also says that the president may not withhold Social Security or Medicare funding.
The U.S. Supreme Court also unanimously found in the 1975 Train v. City of New York case that presidents cannot unilaterally withhold or block federal funding.
Yet, with all of this, President Donald Trump, Elon Musk and DOGE are cutting federal funding from a myriad of agencies and projects without Congressional approval or notification.
This is setting up battles in several federal courts.
Tune in to this episode of Next Witness…Please to hear further insights into the Impoundment Control Act and the cases interpreting Trump’s actions so far.
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1:02:58
Criminal Law 101: Understanding the Criminal Justice System
It’s time for Criminal Law 101, a primer on how criminal law works within our American judicial system.
This episode of Next Witness…Please translates some of the intricacies of the criminal law process in terms that the average listener can understand.
We must start with the premise that there is a major difference between what may be considered immoral and what is criminal.
An act is not criminal unless a legislative body (Congress, state legislature, or city council) decides it is. Legislative bodies not only determine criminality, but they also decide the severity of a crime.
Retired judges Gayle Williams-Byers and Thomas Hodson break down the differences between minor criminal offenses -- misdemeanors and major crimes -- felonies.
They also outline how misdemeanor cases are initiated and the system of criminal complaints.
Our hosts also delve deeply into how felony cases originate and how grand juries are conducted and function.
They discuss the differences between a grand jury empaneled to determine probable cause and a grand jury designed to investigate potential crimes.
The differences between arraignments and initial appearance in court are also described and our judges also explain the concept of setting bond on a criminal case. What considerations may a judge consider in determining what type of bond to set for a prisoner’s release prior to trial?
Finally, our hosts give insight into the various pleas available to a criminal defendant and why they almost always plead not guilty in felony cases.
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57:40
The Fight for a Third Trump Term: Can It Really Happen?
Just a month into Donald Trump’s second term as president, some of his supporters are already pushing a constitutional amendment to allow him a third term in office.
Even Trump, himself, is talking about the possibility of a third term being mandated by his MAGA supporters.
The day after Trump’s inauguration, Rep. Andy Ogles of Tennessee introduced a resolution in the House of Representatives to amend the U.S. Constitution to allow Trump to run and be elected for a third term.
Currently, the 22nd Amendment which was ratified in 1951 prohibits a person from being elected more than twice as President.
The 22nd Amendment was passed after President Franklin Delano Roosevelt (FDR) failed to complete his fourth term in office. He was elected four times from 1932-1944.
This episode of Next Witness…Please, examines how constitutional amendments are ratified and the dangers to our democracy that may appear on the horizon.
Retired judges Gayle Williams-Byers and Thomas Hodson discuss the route for an amendment that starts with Congress, and they explain a second option in which the states call for a national Constitutional Convention.
They outline the processes to be followed to enact an amendment and how amending the federal constitution differs from amending most state constitutions.
Retired judges Byers and Hodson also discuss ways that Trump could grab a third presidential term without passing a constitutional amendment.
He could spawn a movement to repeal the 22nd Amendment; he could run for vice president and then have the titular president resign, or he could just
ignore the constitution altogether by refusing to leave office despite current constitutional language.
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1:00:07
Trump and Musk Declare War on Bureaucracy—But Americans Trust Civil Servants More
As President Donald Trump and his cohort Elon Musk target huge cuts in the federal bureaucracy, the public trusts bureaucrats more than politicians.
In an interesting 2024 survey by the Partnership for Public Service, 63 percent of Americans said they did not trust the federal government while only 31 percent said the federal government had a positive impact on the United States.
However, 91 percent believe competent civil servants are important to a strong democracy and 95 percent believe civil servants should be hired based upon merit rather than politics.
On this edition of Next Witness…Please, Dr. Stephen A. Goldman, psychiatrist, author, and historian, delves into the reasons for this dichotomy.
He discusses the importance of federal regulation and the non-partisan civil service in the wake of Trump’s executive orders targeting thousands of federal workers.
He explains the regulatory process in simple, understandable terms.
Dr. Goldman spent several years at the Food and Drug Administration (FDA) as a medical product safety and risk management expert and regulator and speaks from first-hand knowledge about the importance of regulations.
He also explains the importance of the oath that federal workers take pledging their allegiance to the U.S. Constitution and not to any one political leader. This independence is vital for the neutral functioning of government and has served our country well, he says.
Dr. Goldman warns that getting rid of a non-political civil service has been the target of authoritarians and fascists throughout history. He fears that, if left unprotected, ridding the government of so many trained professionals will do irreparable harm to the United States and the damage may be irreversible.
Ever found yourself lost in legal jargon? Fear not! Our mission is to decode complex legal concepts into everyday language, making them accessible to all.
Meet your hosts, the dynamic duo known as the Judicial Twins!
Retired judge Tom Hodson brings over 50 years of legal expertise as a trial judge, defense attorney, and former Judicial Fellow at the Supreme Court of the United States.
Retired judge Gayle William-Byers, with more than two decades of public service as a prosecutor and judge, is now sharing her knowledge as a Judicial Fellow for The National Judicial College and a legal analyst.
Join us as we embark on a quest to demystify the legal system and increase your understanding of its complexities.
Tune in to "Next Witness... Please" for enlightening discussions, insightful perspectives, and a deeper understanding of the law. Don't miss out – subscribe now and let's unravel the mysteries of the legal world together!
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