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
Belief
Books
Culture
Morality
5 min read

Jane Austen’s satire helped her survive a dark culture

Amid folly and frailty, she allowed her characters the possibility of forgiveness

Beatrice writes on literature, religion, the arts, and the family. Her published work can be found here

A regency woman writes with a quill
Juliet Stevenson stars in Jane Austen: Rise of a Genius.
BBC.

Do Jane Austen’s heroes and heroines really get the happy endings they deserve? Not exactly, argues writer and journalist Julia Yost in her recent essay, Jane Austen’s Darkness (Wiseblood Books, 2024).  

Far from an escapist Regency fantasy, Yost paints Austen’s world as one ruled by mediocrity and hatred. While believing that ‘Marriage is the heroine’s only defense against darkness’, an institution where goodness can put up a fight against moral bankruptcy, Yost also ultimately argues that none of Austen’s heroines, with the exception of Elizabeth Bennet’s in Pride and Prejudice, manage to triumph over society’s corruption.  

Most Austen readers will be able to recite a list of her villains: Mr. Wickham, Mr. Willoughby, Henry Crawford… but Yost goes beyond this, pointing out that certain universal social malaises – greed, unregulated anger, lack of charity – infect even the supposedly nobler characters in Austen’s novels. For example, Yost interprets Emma Woodhouse’s mocking of Miss Bates, Highbury’s verbally incontinent spinster, not as a sign of immaturity, but as an expression of ‘contempt’ for a social inferior. Another character in Emma, Frank Churchill, is not simply a foolish young man trying to hide an engagement to one woman by flirting with another; he actively ‘enjoys toying with Emma’, and even ‘enjoys torturing Jane [Fairfax]’, his secret fiancée, by spending time with Emma in public. Eleanor Dashwood, Sense and Sensibility’s calm and collected heroine, is guilty of moral compromise by marrying the undeserving Edward Ferrars. Mr. Bennet, Elizabeth’s father in Pride and Prejudice, is an unreformed misanthrope. Vice runs rampant in Yost’s reading of Austen’s novels. 

Not even the truly admirable men and women of Austen’s stories are spared from suffering entirely. In Persuasion, Anne Elliot and Captain Wentworth marry under the threat of the soon-to-be-resumed Napoleonic Wars. In Pride and Prejudice, the Darcys’ marital happiness, we are told in the final chapter, is not quite enough to spread moral betterment among their family and friends: Elizabeth’s sister Kitty improves greatly, but Lady Catherine de Bourgh remains arrogant, Mr. Wickham retains his rakishness, and Lydia stays just as thoughtless.  

For Yost, showing this universal moral malady does not weaken but rather strengthens the novels’ moral gravity. ‘Austen’s satire is salubrious’, she writes, and agreeing with the Austen scholar D.W. Harding, who, in his 1940 essay ‘Regulated Hatred’, argued that laughing at vice is a ‘means for unobtrusive spiritual survival’ amidst social and natural evils. Austen’s biting condemnation, in other words, is the only way to dispel the power of human vices.  

As I was reading Jane Austen’s Darkness, I found myself agreeing with many of Yost’s observations. I’ve spent the better part of the last decade writing about why Jane Austen’s satirical tone serves to make us, the readers, more aware of our failings, so Yost finds a natural ally in me.  

Despite this, I was left feeling that something was missing. There’s a dimension of forgiveness to Austen’s narrative pattern that remains largely unspoken. To be fair to Yost, that’s not the focus of the essay. And yet, I’d be remiss not to mention that, in Austen’s novels, we can’t speak of condemnation without also speaking of repentance.  

Austen’s characters are undeniably fallible. But human frailty also allows for the possibility for repentance and, ultimately, forgiveness. 

For every example of moral failure in an Austen novel, a corresponding example of true remorse can be found. Austen tells us that, after the incident where Emma mocks Miss Bates publicly, she experiences a mixture of ‘anger against herself, mortification, and deep concern’. ‘Never had she felt so agitated, mortified, grieved, at any circumstance in her life’, we’re further told, ‘She was most forcibly struck. The truth of this representation there was no denying’. Emma’s shame pushes her to admit her mistakes to herself. Something similar happens to Elizabeth in Pride and Prejudice, when she realises how blind she has been to Mr. Darcy’s goodness and Mr. Wickham’s deception. Similarly, Yost is right that Mr. Bennet’s misanthropy ‘disables him as a moral actor’, but after his daughter Lydia’s elopement with Mr. Wickham, he begins to feel the force of guilt, knowing that this might have been prevented, had he been more involved in his own children’s upbringing. And if Fanny Price, in Mansfield Park, is passive at the risk of ceasing to be a moral agent altogether, she more than makes up for it when she sternly refuses to marry the rakish Henry Crawford, a man she neither respects nor loves.  

Austen’s characters are undeniably fallible. But human frailty also allows for the possibility for repentance and, ultimately, forgiveness. As the late philosopher and Austen devotee Alasdair Macintyre argued in After Virtue (1981), all of Austen’s heroines experience a moment when they recognise their own failings, and this newly acquired virtue of ‘self-knowledge’ allows them to repent and more consciously act as moral agents in the world. 

In turn, these true acts of repentance open up the way to mutual forgiveness. After marrying Elizabeth, Mr. Darcy, who’d claimed that he couldn’t easily ‘forget the follies and vices of others’ agrees to reconcile with his aunt Lady Catherine, welcomes Lydia into his house, and even continues to financially support Mr. Wickham for Lydia’s sake. In Persuasion, Captain Wentworth eventually forgives Lady Russell for the role she played in ending his first engagement to Anne Elliot. In Sense and Sensibility, Elinor Dashwood forgives Mr. Willoughby for abandoning her sister Marianne after he confesses how much he regrets his actions.  

Even when granted to someone we may consider undeserving, this central act of forgiveness heals broken social bonds. Perhaps, it’s even more healing than the ‘salubrious’ effect of Austen’s biting satire. There is darkness in Austen, but there is also much light. And if her novels prove that moral corruption is ubiquitous, they also make the case that, despite our corrupted nature, we’re not unsalvageable: forgiveness and redemption are always within reach of humankind.  

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Since Spring 2023, our readers have enjoyed over 1,500 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.

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