The judge used the personal code of ethics as a defense mechanism to deny Schnieder an appeal in the statutory rape case. This ethics system guide a person’s personal and professional life. It develops from one’s core values and work ethic applied to different challenging situations. In this case, the judge believes that he has an ethical obligation to protect children from harm, especially the manipulation of the law by the defendant and his attorney (Tsai, 2017). He considers another trial as a denial of justice. His accountability originates from an internal moral compass and integrity (Mclntyre, 2019). By denying the defendant an appeal, he is sure that the decision is righteous and fair. This judge understands the ethical implications of his actions. He believes that if the defendant wins the appeal, society’s moral value will decline. Consequently, he uses his position to punish anyone that harms children, regardless of whether the sexual act was consensual or not.
Furthermore, the judge believes that an appeal would compromise his values and beliefs. While the victim’s condition motivated the decision to sentence Scheinder, the judge has the dignity to protect (Mangini, 2017). He is concerned that an appeal would mean that he is ready to negotiate with oppressors. In Psalms 72:4, the Bible insists that leaders should serve and protect children and punish the oppressors. The judge’s ethics align with the Biblical teachings. At times, some legal terms, such as “consent,” are ambiguous, and the lawyers can manipulate them to free a defendant (Horton, 2016). The judge is aware of such a possible outcome and believes that his definition of justice should override the consequential ethics; this case is not about bringing happiness but doing what is right. He wants to earn respect, be empathetic to the victim, and serve justice. Hence the reason for denying the defendant an appeal.
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References
Horton, O. (2016). Mind the gap: Theorizing asymmetry between parental involvement and statutory rape laws. Yale Journal of Law & Feminism , 28 , 171.
Mangini, M. (2017). Ethics of virtues and the education of the reasonable judge. International Journal of Ethics Education , 2 (2), 175-202. https://doi.org/10.1007/s40889-017-0039-x
McIntyre, J. (2019). The judicial function: Fundamental principles of contemporary judging . Springer Nature.
Tsai, S. L., Acosta, E., Cardenas, T., Sigall, J. K., & Van Geem, K. (2017). Legal, social, ethical, and medical perspectives on the care of the statutory rape adolescent in the emergency department. Annals of Emergency Medicine , 70 (1), 72-79. https://doi.org/10.1016/j.annemergmed.2016.12.002
