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
Art
Belief
Culture
5 min read

Critics and curators are missing this about contemporary artists

An interview with Jonathan Anderson

Jonathan is Team Rector for Wickford and Runwell. He is co-author of The Secret Chord, and writes on the arts.

A metak sculpture outlines an altar, stands on a beach.
Kris Martin, Altar.

Throughout much of the twentieth century, many modern artists engaged with religion in and through their work but art critics and art historians routinely overlooked or ignored those aspects of the work when writing about it. They did so because of a secularisation agenda that overrode reflection on key elements of the art that artists were creating. 

In Modern Art and the Life of a Culture, Jonathan A. Anderson, together with William Dyrness, recovered some of the religious influences explored in the work of key modern artists by writing an alternative history of modern art. Now, with The Invisibility of Religion in Contemporary Art, Anderson has addressed the central issue, which is the way in which art critics and historians have written about modern and contemporary art. 

JE: What is it about this situation – that modern art has often wrestled with God, but critics and curators haven’t always shared that focus – that engages your interest and motivates you to write so compellingly about it? 

JA: The more I have studied and circulated through the worlds of contemporary art (first as an artist, then as a critic), the more attentive I became to significant disconnects in the ways we talk and write about religion in modern and contemporary art. Many prominent artists working today and over the past century have been shaped by religious traditions, and their works are in serious dialogue with those traditions in various ways and from various perspectives. Their relationship to religion might be highly conflicted or nuanced—it often is—but it is a live issue in their work and one can talk with them about it in their studios or in informal settings. But when one moves to the critical writing and public discussions about these artists’ works, this aspect either disappears altogether or is discussed in ways that are clumsy, stifled, or shapeless.  

The aim of a lot of my work is to understand in a non-superficial way why this has been the case, why there has been a recent resurgence of discussions of religion and spirituality, and how we might develop more substantive ways of thinking and speaking about these topics. 

JE: What did you find most surprising as you undertook the research for both books? 

 JA: I am consistently surprised at how sprawling and dense this topic is. Once one begins rethinking ‘the strange place of religion’ in the histories of modern and contemporary, the more one finds that there is an enormous amount of material that deserves renewed investigation. Both books give a strong sense of this, but chapter three in my new book is especially full of sign-pointers toward items that require further exploration. 

To give one concrete example, I found myself referring to several major curated group exhibitions that, in one way or another, significantly address topics of religion and spirituality in twentieth- and twenty-first-century art. As I began to look more seriously at the history of such exhibitions, this curiosity swelled into a huge endeavour. Over the course of several years, I assembled a long list of exhibition catalogues and other documentation—the most comprehensive list of its kind that I’m aware of—which in turn helped me not only to recognize how prevalent interest in these topics has been but to think through the diversity of approaches. A version of this list is published in The Invisibility of Religion in Contemporary Art as an appendix, and the full, updated list is also available on my website. I hope it’s a valuable resource for others. 

JE: Both books offer ideas and suggestions for constructive ways to understand, address and write about the relationship between art and religion going forward. In Modern Art and the Life of a Culture there is the idea of a charitable hermeneutic, while in The Invisibility of Religion in Contemporary Art you offer substantial new frameworks for discussing art and religion. Why is it important that the dialogue between art and religion finds paths to conversation rather than conflict?       

JA: This is an important question. The public dialogue between contemporary art and religion has been relatively dysfunctional for much of the past century, often riddled with mutual antagonisms, melodramatic controversies, misunderstandings, and mutual unintelligibility. But art and religion are complex, vital domains of meaning that have continued to deeply shape each other up to the present and that have an enormous amount to ‘say’ to one another today, both critically and constructively. My own experience is that the more the participants in this conversation become attentive to and conversant in the other’s history, vernacular, and ways of thinking, the more highly constructive and mutually enriching the dialogue becomes.  

I think this kind of dialogue has everything to do with cultivating mutual care and love of neighbour. The art world is a series of loosely connected communities full of people who are your and my neighbours. I happen to really care about these communities who make, exhibit, and talk about art, despite their problems. And the same might be said about various religious communities, who have their own problems and who often have more complicated interrelations with those art communities than is generally recognized. Wherever you’re coming from—the arts, the church, or otherwise—I’m interested in expanding dialogue oriented toward loving one’s neighbours, or even one’s enemies if that’s how it must be. At the most basic level, that means listening in a way that tries to discern others’ animating cares and concerns. 

JE: Do you see any parallels or differences between the way the relationship between secularism and religion has played out in the world of art and the way the broader relationship between the two has been shaped in Western society in the same period? 

JA: This is a fascinating but complicated question. For some people, the whole point of the artistic avant-garde was to enact and exemplify, in a highly concentrated way, the secularization of Western society. At the same time, however, it was also widely recognized that the arts have, in almost all places and times, been deeply interconnected with religion and spirituality, and this was, in some conflicted or repressed way, still likely the case for much of the avant-garde as well. 

Secularization has meant the pressurizing and pluralizing of religious belief, sometimes corresponding to disaffiliation from traditional organizations, but this has relatively little to do with an eradication or obsolescence of religious belief. Indeed, any notion of what Rosalind Krauss memorably described as an ‘absolute rift’ between ‘the sacred’ and ‘the secular’ is really just shorthand for some kind of social conflict, because there’s not really any rational way to absolutize these as mutually exclusive. Whether acknowledged or not, religion still provides the metaphysical and ethical groundings of modern secularity, and modern secularity provides the social conditions for contemporary religion. In this context, distinctions between religiosity and irreligiosity are often ambiguous, running through each of us in unexpected and ever-changing ways (rather than simplistically separating us from each other). In my view, contemporary art is highly illuminating to these broader dynamics. Anyone who has spent any extended time in the worlds of modern and contemporary art knows that they are full of spiritual and theological struggle. To put it succinctly: contemporary art is not an art of unbelief and nonpractice but an art of conflicted, pressurized belief and practice, which is theologically significant if attended to as such. 

 

The Invisibility of Religion in Contemporary Art, Jonathan A. Anderson (Notre Dame Press)