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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Review
Culture
Film & TV
Trauma
5 min read

This bad TV version of The Last of Us ruins much more than storytelling

Following up the acclaimed video game doesn't deliver prestige viewing.
A pensive looking woman glances to the side.
Ellie, played by Bella Ramsey.
HBO.

What’s the point of the TV adaptation of The Last of Us

Throughout its second series, I’ve been trying to wrap my head around this question. I’m still short of an answer. 

Turning the two The Last of Us video games into prestige TV was always going to be problematic, because those video games already were prestige TV. You just had to press buttons on a controller now and then.  

The first The Last of Us video game is regularly included in lists of the best video games ever, and it’s not because of any ground-breaking gameplay or because of any technological advancements it made. It’s because of its story.  

It is richly character-focussed, gritty, realistic, and utterly human. The Last of Us Part I (as it’s now known) carries the kind of gravitas and emotional complexity you might expect from the likes of The Sopranos, Breaking Bad, Chernobyl, or The West Wing. It’s already prestige TV.  

So, is the TV adaptation simply an attempt to make this same story accessible to people who don’t play video games? Maybe. That would make sense, were it not for its deeply frustrating second series, the finale of which has just aired. 

The Last of Us Part II was massively controversial when it released in 2020. (WARNING: absolutely colossal spoilers ahead, for both the games and the TV show). Joel – the main protagonist of the first game – is abruptly and brutally murdered in its opening act. This leads Ellie – his pseudo-surrogate-daughter – to hunt down those responsible in attempt to enact a reckoning.  

In the video game, most of the story is told over the course of three days. First, from Ellie’s perspective, then from the perspective of Abby, Joel’s killer. In the TV show, the second series covers Ellie’s side of the story before very abruptly shifting to Abby’s side in the final seconds, leaving the viewers with a cliffhanger. Even as someone who’s played the game and knows what’s going to happen, it felt like a bit of a slap in the face. 

But for someone who hasn’t played the games it must be bordering on nonsensical. Even spread over two series, the story is so truncated, and so much is left unsaid. I can’t imagine making sense of this series without having played the video game first. But the TV show is basically just a live action remake of the game. Which again begs the question: what’s the point of the TV adaptation of The Last of Us

I’ve found this series, and the video game it’s based off, hugely frustrating. Because it’s trying to convey an important message. But both the game and the show contrive to undermine their important central ideas through poor storytelling techniques and structures.  

But in making clear what was left unsaid in the game, the power of the moment is undercut. Much is spoken; little is said. 

Let’s take one example. Half-way through the game (or towards the end of series 2), Ellie has tracked down and tortured one of Abby’s friends for information on her whereabouts. Afterwards, she talks to her lover Dina about what happened.  

In the game, it’s harrowing. Ellie is visibly shaken by what she’s just witnessed herself do. “I made her talk.” She says. And then to Dina: “I don’t want to lose you.” “Good,” comes Dina’s reply. And that’s it. Cut to black. Little is spoken; much is said.  

But where the scenes last about 30 seconds in the game, in the TV show it’s over five minutes long. “I made her talk. I thought it would be harder to do, but it wasn’t. It was easy. I just kept hurting her.” So says Ellie, halfway through the conversation. The writers are clearly trying to make explicit Ellie’s fear that she’s losing herself, and Dina by extension, in her thirst for revenge. But in making clear what was left unsaid in the game, the power of the moment is undercut. Much is spoken; little is said. 

“I know writers who use subtext and they’re all cowards,” Garth Marenghi once said. I can only assume he writes for HBO now. 

It’s a shame the scene gets fluffed as badly as it does, because really it’s the centrepiece of the narrative. Faced with unthinkable violence, Ellie chooses to repay the act in kind. But, in hunting down and torturing those responsible, ultimately Ellie finds herself becoming less and less human with each act of revenge. Here, in this conversation with Dina, Ellie begins to glimpse the reality of this. That acts of violence towards others are ultimately also acts of violence towards her own nature.  

This is, as it turns out, a deeply Christian notion. Where other Ancient Near Eastern creation myths depict their gods as creating the world through violent and bloody struggle, in Genesis God merely speaks life into being. Where Jesus’ disciples would violently overthrow their Roman oppressors, he instead says “those who live by the sword, die by the sword.”  

Moreover, Jesus’ death by crucifixion was unspeakably cruel and violent, encompassing protracted public humiliation, sexual abuse, and mutilation. It is here that Christ draws the suffering of the world to himself, that we might be given the opportunity to live free from the ongoing cycle of violence that surrounds us. Not that we might avoid having violence done to us, but that we might find the strength not to be violent in turn.  

And this is the ultimate paradox at the centre of Christianity: that the greatest show of strength the world has ever seen is found in Christ’s being nailed to a tree.  

Violence begets violence begets violence begets violence. That’s the message of The Last of Us Part II; albeit one conveyed in a rather ham-fisted way. While I’m not optimistic, I hope the next series of the TV show manages to fix the game’s wobbly narrative structure to convey this in a way that is nuanced and compelling. Because it’s a message we desperately need to hear. 

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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.

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