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
Attention
Culture
Digital
5 min read

Let me level-up about playing games on my phone

Like all art, there's no standard for 'good', but good art doesn’t leave you puzzling over how you wasted an hour.

Mark is a research mathematician who writes on ethics, human identity and the nature of intelligence.

A gamer plays on a phone.
Onur Binay on Unsplash.

Earlier this year I got a bit too into a mobile phone game. In the game, I was master and controller of a small virtual grid of assorted shiny objects. By the flick of my finger on the screen, I’d swap the objects to try to match groups together. If I did this in the right way, then the matching objects would merge into shinier ones which would help me win the game. I’d want to know what the next shiny thing would be and how I could use it to beat the next level. 

I first started playing on my commute to work – usually I like to read or write and listen to music and sometimes to catch up on emails – but on that day I felt too tired for any of that. The puzzles started easy but got gradually harder. They were challenging enough to occupy the mind, but never felt too taxing, and the satisfaction-hit from each small win along with the visuals and sound-effects made me really want to keep playing. On the train home, it felt easier to just open the app and play a few levels than do anything else. I’d start the journey by telling myself I’d do a few levels and would do something else, but I’d easily spend the best part of the journey rearranging shiny objects. 

I knew this wasn’t ideal. I’ve come to see my commutes as a rare unfilled moment, each a scrap of time, a space to read and think, and I was filling this gift with a pixellated dopamine hit. I’d try to stop and bargain with myself – setting a limit of say five levels per journey, but knowing this to be an arbitrary number, I’d blow straight through it. There are other empty moments, waiting for the bath to run or once the children are in bed, but these other scraps are empty only in appearance, and I started to play in these too. 

My phone has a ‘sleep mode’ which tries to mitigate the by now well-documented negative effects of phone use on sleeping – lower sleep quality, duration and interference with circadian rhythms. In sleep mode, you choose a time – after this the colours of your phone will be replaced by black and grey. I started using this feature, thinking that at least if I dulled the bright colours to greys then I’d take the enjoyment out of playing and it’d be harder to tell the shiny squares apart. It was a good try, but it didn’t work. I learnt to tell the grey objects apart, and played on. 

Mainly, what I'm not doing when I’m glued to my phone is engaging with life.

You’ve heard it before, but our devices are not that good for us – excessive smartphone use fuels depression, anxiety and insomnia, and the average teenager spends seven to eight hours a day in front of a screen. Smartphones are closely related to social media - a recent study found one in six adolescent girls showed signs of social media addiction. Smartphone use has become a well-worn topic with a familiar set of talking points: How lucky we are to have all the world’s knowledge in our pocket; how bad we should all feel about being so distracted; how smug we can feel about the fools stuck to their phones. These discussion points aren't new - many of the concerns about smartphones and screen-time started decades earlier in response to TV and video games. 

These concerns are certainly valid, but I find it easier to consider what some of my smartphone habits are stopping me from doing. I'm not sure I'd advocate that we all stop using smartphones - having easy access to the Internet is a huge convenience, but I do pause to think about what I'm not spending time doing when I obsessively scroll or click. I'm also not convinced that all mobile games or even all social media use is bad. Computer games can be entertaining and thought provoking. Like all art, there's no globally agreed standard about what's good, but good art doesn’t leave you puzzling over how you wasted an hour. What differentiates social media and certain phone games is their business model – your time and attention is their revenue stream. 

Mainly, what I'm not doing when I’m glued to my phone is engaging with life. If I put the phone down, I could be more attentive to the people I'm with – be able to listen to all the subtle ways we tell each other how we are – in short, I could be more fully present. I could read books, and I could read whole magazine articles or news stories on my phone, actually stopping to read rather than scrolling from headline to headline. Or I could do nothing and just be, undisturbed. If I’m commuting, I could enjoy the scenery or just let my mind wander. And I can remember that even in the quietest moments I'm not alone - God is always alongside us, and we can always spend time and speak to Him in prayer. Even for a few short moments to lift up the joys and troubles of the day. 

“Well”, you may say, “That's all very nice hearing about these possibilities I could enjoy if I clawed back time from social media and freemium games. But how do I actually do it!?” Most of the answers I’ve found to this involve either stopping the habit completely – deleting the app or even not having a smartphone, or else they involve enforced periods away. Some have found that a digital detox of several days or weeks has helped to reset their relationship with tech, others set fixed times in their day when they can and can’t use their devices or certain apps, and some observe a “digital sabbath” where they intentionally avoid or reduce technology use for a full day each week. 

As for me, my only way out was to delete the shiny object game, losing all record of all 1,500 completed levels. Given that I rejected my own help by outsmarting “night mode”, I doubt moderation would have helped. Unsettlingly, my fingers and part of mind really seemed to miss it. As I unlocked my phone, I’d feel a tinge of absence, as though checking my emails or messages didn’t have the same grip as matching colourful blocks 

Celebrate our 2nd birthday!

Since Spring 2023, our readers have enjoyed over 1,000 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
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