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
AI - Artificial Intelligence
Community
Culture
Education
5 min read

Artificial Intelligence needs these school lessons to avoid a Frankenstein fail

To learn and to learn to care are inseparable

Joel Pierce is the administrator of Christ's College, University of Aberdeen. He has recently published his first book.

A cyborg like figure opens the door to a classroom.
AI in the classroom.
Nick Jones/Midjourney.ai.

Recent worries expressed by Anthropic CEO, Dario Amodei, over the welfare of his chatbot bounced around my brain as I dropped my girls off for their first days at a new primary school last month. Maybe I felt an unconscious parallel. Maybe setting my daughters adrift in the swirling energy of a schoolyard containing ten times as many pupils as their previous one gave me a twinge of sympathy for a mogul launching his billion-dollar creation into the id-infused wilds of the internet. But perhaps it was more the feeling of disjuncture, the intuition that whatever information this bot would glean from trawling the web,it was fundamentally different from what my daughters would receive from that school, an education.  

We often struggle to remember what it is to be educated, mistaking what can be assessed in a written or oral exam for knowledge. However, as Hannah Arendt observed over a half century ago, education is not primarily about accumulating a grab bag of information and skills, but rather about being nurtured into a love for the world, to have one’s desire to learn about, appreciate, and care for that world cultivated by people whom one respects and admires. As I was reminded, watching the hundreds of pupils and parents waiting for the morning bell, that sort of education only happens in places, be it at school or in the home, where children themselves feel loved and valued.  

Our attachments are inextricably linked to learning. That’s why most of us can rattle off a list of our favourite teachers and describe moments when a subject took life as we suddenly saw it through their eyes. It’s why we can call to mind the gratitude we felt when a tutor coached us through a maths problem, lab project, or piano piece which we thought we would never master. Rather than being the pouring of facts into the empty bucket of our minds, our educations are each a unique story of connection, care, failure, and growth.  

I cannot add 8+5 without recalling my first-grade teacher, the impossibly ancient Mrs Coleman, gazing benevolently over her half-moon glasses, correcting me that it was 13, not 12. When I stride across the stage of my village pantomime this December, I know memories of a pint-sized me hamming it up in my third-grade teacher’s self-penned play will flit in and out of mind. I cannot write an essay without the voice of Professor Coburn, my exacting university metaphysics instructor, asking me if I am really saying what is truthful, or am resorting to fuzzy language to paper over my lack of understanding. I have been shaped by my teachers. I find myself repaying the debts accrued to them in the way I care for students now. To learn and to learn to care are inseparable. 

But what if they weren’t? AI seems to open the vista where intelligences can simply appear, trained not by humans, but by recursive algorithms, churning through billions of calculations on rows of servers located in isolated data centres. Yes, those calculations are mostly still done on human produced data, though the insatiable need for more has eaten through most everything freely available on the web and in whatever pirated databases of books and media these companies have been able to locate, but learning from human products is not the same as learning from human beings. The situation seems wholly original, wholly unimaginable. 

Except it was imagined in a book written over two hundred years ago which, as Guillermo del Toro’s recent attempt to capture that vision reminds us, remains incredibly relevant today. Filmmakers, and from trailers I suspect Del Toro is no different here, tend to treat the story of Frankenstein as one of glamorous transgression: Dr Frankenstein as Faust, heroically testing the limits of human knowledge and human decency. But Mary Shelley’s protagonist is an altogether more pathetic character, one who creates in an extended bout of obsessive experimentation and then spends the rest of the book running from any obligation to care for the creature he has made.  

It is the creature who is the true hero of the novel and he is a tragic one precisely because his intelligence, skills, and abilities are acquired outside the realm of human connection. When happenstance allows him to furtively observe lessons given within a loving, but impoverished family, he imagines himself into that circle of growing love and knowledge. It is when he is disabused of this notion, when the family discovers him and is disgusted, when he learns that he is doomed to know, but not be known, that he turns into a monster bent on revenge. As the Milton-quoting monster reminds Frankenstein, even Adam, though born fully grown, was nurtured by his maker. Since even this was denied creature, what choice does he have but to take the role of Satan and tear down the world that birthed him? 

Are our modern maestros of AI Dr Frankensteins? Not yet. For all the talk of sentient-like responses by LLMs, avoiding talking about distressing topics for example, the best explanation of such behaviour is that they simply are mimicking their training sets which are full of humans expressing discomfort about those same topics. However, if these companies are really as serious about developing a fully sentient AGI, about achieving the so-called singularity, as much of the buzz around them suggests, then the chief difference between them and Frankenstein is one of ability rather than ambition. If eventually they are able to realise their goals and intelligences emerge, full of information, but unnurtured and unloved, how will they behave? Is there any reason to think that they will be more Adam than Satan when we are their creators? 

At the end of Shelley’s novel, an unreconstructed Frankenstein tells his tale to a polar explorer in a ship just coming free from the pack ice. The explorer is facing the choice of plunging onward in the pursuit of knowledge, glory, and, possibly, death, or heeding the call of human connections, his sister’s love, his crew’s desire to see their families. Frankenstein urges him on, appeals to all his ambitions, hoping to drown out the call of home. He fails. The ship turns homeward. Knowledge shorn of attachment, ambition that ignores obligation, these, Shelley tells us, are not worth pursuing. Will we listen to her warning? 

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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.

Graham Tomlin
Editor-in-Chief