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
Art
Culture
Music
Romanticism
Taylor Swift
5 min read

Taylor Swift’s new album is fine, and that might be the problem

Ego, art, and the quiet tragedy of getting everything you ever wanted

Belle is the staff writer at Seen & Unseen and co-host of its Re-enchanting podcast.

Taylor Swift, dressed as a showgirl, sips from a glass.
Taylor Swift, showgirl.
Taylorswift.com

Taylor Swift released an album last week and, from what I can see, the world seems to hate it.  

Life of a Showgirl was written and recorded while Taylor was on her two-year-long Era’s tour, hence the album’s title. She would fly to Sweden between tour dates to record with the infamous producers, Max Martin and Shellback. This matters. Why? Well, because this means that each song on this album has grown out of the soil of unfathomable success; record-breaking numbers and history-making impact, it’s not an exaggeration to say that the Era’s tour shifted the landscape of popular culture. Many critics have reflected on this context, citing ‘burnout’ and ‘frazzle’ as reasons why this album sits far below Taylor’s usual standard. 

They implore Taylor to take a day off: put her feet up, recuperate, and re-gather her musical senses.  

Then there are the critics who seem to be directing blame toward Taylor’s obvious happiness. If you didn’t know, she’s engaged to American footballer, Travis Kelce – and they, as a couple, are sickly sweet. Honestly, they’re defiantly mushy. They’re cheesy to the point of protest. They’re just happy – and, apparently, therein lies the problem. I’ve heard more than one critic quote Oscar Wilde in their takedown of Swift’s latest offering: 

 ‘In this world there are only two tragedies: one is not getting what one wants, and the other is getting it’. 

This album, they say, is proof that Taylor Swift is victim to the latter kind of tragedy. She’s got everything one could ever want, and the world seems pretty agreed that her music is suffering because of it. We like to keep our artists tortured, thank you.  

For the record, I don’t hate the album. But I don’t love it either. I resonate with The Guardian’s Alexis Petridis who writes that it simply ‘floats in one ear and out the other’. There’s nothing to hate about it, which, I guess, also means there’s very little to love about it.  I’m not outraged, nor am I enamoured – and I say that gingerly, because I fear that’s the worst review of all.  

So, in some ways I’m agreeing with the general consensus – Life of a Showgirl is not Taylor Swift’s best work. I don’t, however, think that her success, nor her happiness, are quite to blame for it. I think those are slightly lazy critiques, they’re shallow scapegoats. 

I think, rather, the problem with this album is that Taylor has made herself the biggest thing within it.  

When introducing the album on Instagram, she thanked her collaborators for helping her to ‘paint this self-portrait’ – the strange thing is that this ‘self-portrait’ feels considerably less honest or authentic than her previous, more conceptual, albums.  

I’ve spent a couple of days wondering why this is and have come up with two theories.  

Firstly, we tend to be far more honest to and about ourselves when we’re able to kid ourselves into thinking that it’s not actually our own selves that we’re talking about. For example, I think of Billie Eilish’s Grammy and Academy Award-winning song – What Was I Made For? – which she wrote to accompany Greta Gerwig’s Barbie movie. In an interview, Billie explained how writing a song about a Barbie somehow allowed her the space and freedom to create the most honest, raw, and revealing song she’d ever written.  

We’re self-preserving creatures, you see.  

If we’re knowingly speaking of, writing about, painting or in any way presenting ourselves - our ego gets in the way, preferring us to offer the world a shiny, carefully constructed façade.  

Taylor, in intentionally painting a ‘self-portrait’, has unknowingly offered us less than herself.  

And, now for my second theory. Every good self-portrait is actually about something bigger than its subject; they are able to point toward something more universal than the individual reflected. I think of Frida Kahlo’s self-portraits, the way she used her hair to communicate societal expectations, or how she framed herself with wildlife, or the time she painted a necklace of thorns around her own neck – leaving an uncomfortable feeling in the pit of the beholder’s stomach as they think about the nature of pain and liberty. She painted herself, endlessly. Kahlo pointed to herself in order to point through herself – she was never the subject that she was most interested in, she was never the biggest thing in her own self-portrait.  

Like I say, the problem with Taylor Swift’s okay-ish album is simply that she is the biggest thing within it. The key ingredient it’s lacking is awe; it leaves nothing to marvel at.  

And that’s rare for Taylor.  

I’ve often written that she is a Romantic in every sense of the word; concerned with the feelings and experiences that are powerful enough to knock us off our feet: big feelings, big thoughts, big truths, big questions, big mysteries, big language. These things have always been baked into her lyrics. 

This album, in comparison, feels small. It doesn’t transcend Taylor Swift’s feelings about – well, Taylor Swift. She hasn’t quite managed to point through herself, she is the sole subject of her own self-portrait.  

And therein lies its OK-ness.  

Honestly? Therein lies all of our OK-ness. Taylor Swift may be anomalous in many things, but not in this - the presence of ego means that we’re all prone to self-portrait-ise ourselves. Left unchecked we are (or at least, we can be), what Charles Taylor calls, ‘buffered selves’; thinking of ourselves as the maker and subject of all meaning, shielded from awe and wonder.  

But the best art will never flow from those who think themselves the biggest and deepest subject. Because, quite simply, we’re not.  

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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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