A Judge Without a Law Degree Can Decide Someone's Fate.

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about the others? Well, the remaining states include, Montana, Arizona, Colorado, Nevada, New York, Texas, South Carolina, and Wyoming. They, don’t have the same protections.</p><p id="7a97">If a non-lawyer judge sentences someone. That’s it. No right to a new trial. Of course, someone could go through the lengthy, difficult, and nearly impossible appeals journey in the United States. But, sometimes, these decisions are being made in courtrooms with no record. It’s not exactly <i>easy</i> to file an appeal when there is no record of your original trial.</p><p id="750a">This all began in the 19th century when law schools and programs were few and far between. But, that’s no longer the case, so why does it continue now?</p><p id="4dc2">Well, some states argue that it saves money. How it does this, I am not entirely sure. It may be that these judges don’t have to be paid as much as those who both have a law degree or extensive careers as a lawyer.</p><p id="a2b8">Regardless, there are a plethora of issues that can arise from this. I mean, if you were to go in front of a judge, even for a minor crime, wouldn’t you want that judge to understand the law? There have been stories about judges incorrectly filling out paperwork correctly, delaying appeal cases.</p><p id="c506">Additionally, as time has gone on, trials have become increasingly more complicated. Imagine that a lawyer is trying to explain a complex legal issue, and a judge just simply doesn’t understand it. Imagine a lawyer making a horrific mistake or purposely trying to skirt the rules to convict a defendant. A non-lawyer judge may not know this, and may not catch it in time.</p><p id="2404">While non-lawyer judges can only legally determine guild or impose prison sentences in misdemeanor cases, they can have an impact on felony cases as well.</p><p id="7ff4">For example, in Mississippi, non-lawyer judges can be responsible for issuing warrants, initial appearances, and bail decisions. Obviously, the decisions made in these instances can have a major impact on a defendant's legal proceedings, and therefore their life.</p><p id="bf9e"

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People need training and licenses for positions that have far less impact on people’s lives. Why is this a thing? More so, why isn’t it something we talk about more?</p><p id="0820">For more information on this topic here are some sources:</p><div id="1336" class="link-block"> <a href="https://www.theatlantic.com/politics/archive/2017/02/when-your-judge-isnt-a-lawyer/515568/"> <div> <div> <h2>When Your Judge Isn't A Lawyer</h2> <div><h3>Do you want to be a massage therapist in Helena, Montana? You'll need 500 hours of study to receive your license first…</h3></div> <div><p>www.theatlantic.com</p></div> </div> <div> <div style="background-image: url(https://miro.readmedium.com/v2/resize:fit:320/0*3h5Fviz7ZVTna4Cp)"></div> </div> </div> </a> </div><div id="1525" class="link-block"> <a href="https://sixthamendment.org/should-non-lawyer-judges-be-sending-people-to-jail-scotus-asked-to-review/"> <div> <div> <h2>Should non-lawyer judges be sending people to jail? SCOTUS asked to review</h2> <div><h3>Pleading the Sixth: In 1976, the U.S. Supreme Court determined that the 14th Amendment permits non-lawyer judges to…</h3></div> <div><p>sixthamendment.org</p></div> </div> <div> <div style="background-image: url(https://miro.readmedium.com/v2/resize:fit:320/0*5EHREXsSaolHm7Lu)"></div> </div> </div> </a> </div><p id="5c35"><i>If you would like to keep up with me and a plethora of other talented writers you can do so by signing up for a Medium Membership <a href="https://medium.com/@jessicahubbert/membership">here</a>.</i></p><p id="0ebf"><i>If you enjoyed my post and would like to buy me a coffee, so maybe I can read a few more books and make some more content, you can do so <a href="https://www.buymeacoffee.com/hubbertjess16">here.</a> :)</i></p></article></body>

What would you do, if your judge had never studied the law?

A few days ago, I came across a tweet that shook me to my core. The person tweeted “most people would be shocked to know that not all judges need a law degree”. That person was right, I was shocked.

Do you mean to tell me that the people specifically designated to interpret and enforce the law, forever changing people’s lives didn’t actually study the law? That can’t be true.

So, I did some digging and, indeed it is true. At least, in some states.

There are 22 states in the United States that don’t require people who are elected to be a judge to have a law degree, or to be a lawyer aka, pass the BAR. Of those 22 states, 14 of them do at least have some protections for the people who had been convicted/sentenced by these non-lawyer judges.

If someone receives a sentence from a non-lawyer judge in these states, they have the right to a new trial with a judge that actually went to law school. While these protections are certainly appreciated, we do have to keep in mind a few things.

A new trial means more money in legal fees (if they are lucky enough to afford that) and possibly more time in jail awaiting a trial (if they are unable to afford bail). While yes, it is good to have this protection in place, it ignores the costs of facing multiple trials. Not just the monetary costs but the mental ones, the emotional ones. Going through one trial is difficult enough, add a second? That can be horrific and detrimental to someone’s psyche.

But, that’s only 14 states of the 22, what about the others? Well, the remaining states include, Montana, Arizona, Colorado, Nevada, New York, Texas, South Carolina, and Wyoming. They, don’t have the same protections.

If a non-lawyer judge sentences someone. That’s it. No right to a new trial. Of course, someone could go through the lengthy, difficult, and nearly impossible appeals journey in the United States. But, sometimes, these decisions are being made in courtrooms with no record. It’s not exactly easy to file an appeal when there is no record of your original trial.

This all began in the 19th century when law schools and programs were few and far between. But, that’s no longer the case, so why does it continue now?

Well, some states argue that it saves money. How it does this, I am not entirely sure. It may be that these judges don’t have to be paid as much as those who both have a law degree or extensive careers as a lawyer.

Regardless, there are a plethora of issues that can arise from this. I mean, if you were to go in front of a judge, even for a minor crime, wouldn’t you want that judge to understand the law? There have been stories about judges incorrectly filling out paperwork correctly, delaying appeal cases.

Additionally, as time has gone on, trials have become increasingly more complicated. Imagine that a lawyer is trying to explain a complex legal issue, and a judge just simply doesn’t understand it. Imagine a lawyer making a horrific mistake or purposely trying to skirt the rules to convict a defendant. A non-lawyer judge may not know this, and may not catch it in time.

While non-lawyer judges can only legally determine guild or impose prison sentences in misdemeanor cases, they can have an impact on felony cases as well.

For example, in Mississippi, non-lawyer judges can be responsible for issuing warrants, initial appearances, and bail decisions. Obviously, the decisions made in these instances can have a major impact on a defendant's legal proceedings, and therefore their life.

People need training and licenses for positions that have far less impact on people’s lives. Why is this a thing? More so, why isn’t it something we talk about more?

For more information on this topic here are some sources:

If you would like to keep up with me and a plethora of other talented writers you can do so by signing up for a Medium Membership here.

If you enjoyed my post and would like to buy me a coffee, so maybe I can read a few more books and make some more content, you can do so here. :)