Column
Culture
Justice
Trauma
4 min read

Do victim statements offer up drama or justice?

Recent tragic cases highlight the changing audience for impact statements.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A classical court house with a statue on top of a dome.
The Old Bailey.

It’s a lesser-known irony of ancient history that it was Roman Emperor Tiberius who introduced Justitia to the pantheon of the gods, as the goddess of justice. Ironic in that it was Tiberius’s minion, Pontius Pilate, in remote Judea, who had history’s worst day at the office, administering Roman justice so cack-handedly on an insurgent preacher and miracle-worker from Nazareth that he sparked a chain of events on which a whole new system of (at least western) justice was founded. 

Justitia was the antecedent of Lady Justice, whose statue adorns the dome of London’s central criminal court at the Old Bailey – and many other courts besides. She invariably holds the judicial symbols of weighing scales and a sword. And she is often blindfolded, though not on the Old Bailey, despite such constitutional eminences as the shadow justice secretary Robert Jenrick erroneously claiming she is. 

The blindfold, scales and sword symbolise Lady Justice’s impartiality, the primacy of evidence and the equality of all before the law. We’ve grown accustomed to the rule of law in our democracy being applied blindly and without emotion. Convicted murderers are often described as having acted in cold blood and we expect justice to be served on them in the same manner, coldly. 

It’s in that context that I want to examine one way in which Lady Justice is going a bit wrong these days. It’s not about miscarriage of justice, so much as the dispassion of it. I’m talking about the victim impact statement, introduced in the UK in 1996, which comes between conviction and sentencing. 

It was meant to be an opportunity for victims and their families to tell the court of the impact and effects of the crime committed upon them. And, in that sense, to assist the judge or other sentencing authority to deliver an appropriate degree of punishment. So it is about the impact of the crime on those most directly affected by it. 

That appears no longer to be solely – or even in some instances partly – the case. The victim statement now seems to be an opportunity for the irreparably damaged to sound off at the defendant, to vent their pain and anger and contempt for and at the wretched convict. 

Take John Hunt, the BBC correspondent who lost his wife Carol and two of their three daughters, Hannah and Louise, to a multiple murder (and rape) one day last summer. His victim statement was less about the unimaginable effect these crimes have had on him and his surviving daughter, Amy, than about the divine judgment he would wish to call down on the murderer, Louise’s former partner Kyle Clifford. 

It really served no judicial purpose. It’s impossible to conceive that anything Hunt had to say had the slightest influence over the judge’s intention to pass down whole-life terms on Clifford, which he duly did. Its sole purpose seems to have been to allow Hunt to have his day in court, as it were, and who would wish to deny him that? But that does undermine the explicit purpose of the victim statement. 

Hunt himself conceded as much at the start of his statement when he said of his victim statement:  

“I initially misunderstood its purpose. Do I really need to detail the impact  of having three quarters of my family murdered?”  

He’s right – he didn’t. But he saw it as his “final opportunity” to address his family’s murderer. There followed an excruciating and heart-rending verbal attack on the convicted prisoner, culminating with the prophecy of his despatch to hell on his “dying day”:  

“The screams of Hell, Kyle, I can hear them now. The red carpet will come out for you…” 

I can’t know if Hunt would prefer the death penalty to be available to despatch his family’s killer immediately. One suspects he probably does. I oppose it, one reason being that it can leave no room for penance and redemption. We must surely all agree that Hunt gets a free pass on that rationale, but with no more severe sentence available than that which was passed, again we must ask what the purpose of the victim statement was. 

If it is simply to wish a hellish death on the perpetrator, then again we need to ask what purpose is being served and, indeed, if it’s healthy both for the judicial process and for the victim who delivers the statement. 

The same thought arose at a pre-sentencing hearing of the recent Nottingham murderer, when the son of one of the three victims, James Coates, told the killer:  

“Valdo Calocane, you claim the voices told you to kill these innocent people. Now listen to me, kill yourself.” 

Is that about impact? I don’t think so. I fear it has more to do with theatre in a media age that is insatiable for drama. Part of the purpose of the law is to maintain a distance between those affected emotionally and those who have committed crimes against them. 

Remove that and we reduce not only some of the justice for criminals to mere spectacle, but also in some degree respect for their victims and, indeed, the quality of mercy. 

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Article
Books
Culture
Education
Wisdom
5 min read

We need libraries: they expose our limitations

These physical monuments to our own ignorance instil knowledge and humility.
Children sit in a library listening to a story
Spellow library children's talk.
Children’s Commissioner for England.

On 19 July 2024, my wife, toddler, cat, and I moved back to our hometown of Liverpool. Ten days later, three children were killed and ten more were seriously injured following a mass stabbing at a children’s dance workshop in nearby Southport. 

In the aftermath, amid widespread misinformation about the killer’s background, riots erupted across the country. With unrest intensifying, on 3 August rioters set fire to Spellow Library, less than two miles away from our new home. The apparent reason for the fire? It contained Qur’ans. Imagine that: books in a library! (There’s an all-too-easy joke about far-right thugs not understanding what libraries are that I’ll try to resist making here.) 

Nothing the country witnessed in those riots matches the unspeakable horror that occurred within that dance studio in Southport. And yet, I found the library fire deeply unsettling. I hadn’t worked out why, until recently.  

I’m a theology lecturer and work from home a lot. I’m often listening to music while replying to emails, planning lectures, or marking essays. Recently, however, I’ve been in a musical rut. My usual stuff feels stale and nothing new catches my attention. I mostly use streaming services, and this week it hit me: the platform is the problem.  

Streaming platforms operate through search engines: I search for an artist, song, or album, and start listening. In other words, I have to know what I want to listen to before listening to it. Platforms might suggest new music, but this is invariably based on what I already like. It very rarely exposes me to anything outside my comfort zone.  

In the build-up to the invasion of Iraq in 2003, then-U.S. Secretary of Defense Donald Rumsfeld was asked about the mythical WMDs that served as the war’s McGuffin. His answer has gone down in political infamy:  

“there are known knowns; there are things we know we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But there are also unknown unknowns—the ones we don't know we don't know.” 

When teaching students, I constantly stress the importance of ‘unknown unknowns’. Good education exposes us to things we don’t know that we don’t know. It gives us increasing awareness of our own ignorance. Streaming services greatly reduce the chances of finding music I don’t know that I don’t know. Instead, I listen to music I know I know, or music I know I don’t know.  

I used to love trawling through music shops, pouring over the vast sea of artists I hasn’t even heard of, imagining my favourite album was buried amid the reams of CD cases. It saddens me that I can’t remember the last time I did that. Music shops are physical monuments to my own ignorance. When I see all the artists, all the albums – even the genres! – I haven’t even heard of, I’m unavoidably confronted with my own ignorance.  

So, too, with libraries. How many times I’ve wandered the stacks of university libraries and thought “I didn’t even know there was a book about this topic!” when picking something off the shelves! And this is their value to students: they are physical monuments to their own ignorance. They instil a passion for knowledge, and a deeper sense of humility, as students are forced to grapple concretely with everything they don’t even know they don’t know

(Incidentally, this is what I’ll tell my wife next time I buy another book I invariably won’t read. I can already imagine her response: “But my love, we have plenty of physical monuments to your ignorance at home already.”) 

I found the destruction at Spellow Library so disquieting. It is a supremely, nihilistic act. It is to reject engaging with our ‘unknown unknowns.’ 

Like music streaming platforms, libraries are increasingly digital spaces. My primary experience of reading nowadays is to type something into a search bar. My reading – just like my music – is increasingly myopic; increasingly confined to the realm of ‘known unknowns’. But true humility is only fostered through engagement with the ‘unknown unknowns’ of our life. We need the physical monuments to our own ignorance. We ignore them – or, as the case may be, set fire to them – at our peril.  

There is a significant spiritual element to this, and this is why I found the destruction at Spellow Library so disquieting. It is a supremely, nihilistic act. It is to reject engaging with our ‘unknown unknowns’; a fearful unwillingness to be confronted by our own ignorance.  

In a famous graduation speech entitled “This is Water” writer David Foster Wallace encourages those present to think about the ‘water’ in which they swim. What is so ubiquitous in life that it goes unnoticed? We might call these ‘unknown knows’: things we simply take for granted. On a theological level, the physical nature of our existence is one such phenomena. That we exist somewhere and somewhen is not a given; both space and time are creatures, too.  

And this ought to make us reflect: why are we made to be physical if we might not have been? The Bible is clear that this physicality is a gift. So much so that God Himself chooses to dwell amongst us in physical form. The Christian story is that, in Jesus Christ, God becomes human. The Christian Gospels go to great pains to stress his physicality. He eats, He sleeps, He cries, He bleeds. He reads from physical scrolls when in the synagogue.  

That God-given physicality means I can surround myself with the depth and breadth of my own creaturely ignorance; with my ‘unknown unknowns’. To my shame, I don’t do this often enough, and my increasingly digital life makes this harder. I have become physically detached from my ‘unknown unknowns’.  

And so, now Spellow Library is reopen, I am going to make a concerted effort to visit and support society’s physical monuments to my creaturely ignorance. They may make me uncomfortable as I am overwhelmed by the extent of my limitations, but they may also just make me humbler. And that is the real gift of our God-given physicality.  

Celebrate our 2nd birthday!

Since Spring 2023, our readers have enjoyed over 1,000 articles. All for free. 
This is made possible through the generosity of our amazing community of supporters.


If you enjoy Seen & Unseen, would you consider making a gift towards our work?


Do so by joining Behind The Seen. Alongside other benefits, you’ll receive an extra fortnightly email from me sharing my reading and reflections on the ideas that are shaping our times.


Graham Tomlin
Editor-in-Chief