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. 

Celebrate our 2nd birthday!

Since March 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’re enjoying 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

Review
Ageing
AI
Culture
Film & TV
5 min read

Foundation shows you can’t ‘Ctrl+V’ a soul

A sci-fi classic unearths transhumanism’s flaws

Giles Gough is a writer and creative who hosts the God in Film podcast.

A woman confronts a man whose clone stands behind her.
Apple TV.

One of the reasons that science fiction has had enduring popularity as a genre is its ability to illustrate thought experiments. The way it can attempt to answer questions that can’t even be asked in any other kind of fiction is what gives it power as a form of storytelling. One question that keeps coming up is: what if you could live forever, through technology?  

One person to attempt to answer this question is Isaac Asimov, one of the early giants of the sci-fi genre. Born in 1920, Asimov arrived into a world that was rapidly changing, and yet, his imagination was still able to outpace it. Much of what he is known for is his depiction of robots, with ‘Asimov’s laws of robotics’ influencing the depiction of androids in Star Trek: The Next Generation. However, direct adaptations of Asimov’s own work were few and far between. Robin Williams’ Bicentennial Man released in 1999 and Will Smith starred in I, Robot in 2004 were the best of the bunch. That is, until Apple TV began adapting Asimov’s Foundation

Asimov’s Foundation books were written across the span of fifty years. The premise of the stories is that in a distant future, a galactic empire is beginning to fail and cannot be saved. The mathematician Hari Seldon develops the theory of psychohistory, where he uses statistical laws to predict the future of large populations. In the wake of the empire’s fall, Seldon predicts a dark age lasting 30,000 years before a second empire arises. Seldon devises a plan to reduce this dark age to just one thousand years by preserving a ‘foundation’ of knowledge. The novels describe some of the dramatic events that frustrate, or are a result of Seldon's Plan. One of the features of the story that the Apple TV show of Foundation focuses on is attempted immortality.  

Foundation gives us three depictions of ‘immortality’. Firstly, Seldon orchestrates having his conscience eventually uploaded into the Prime Radiant, a super-computer in order to allow him to shepherd his plans beyond the limits of his own human lifespan. Secondly, his protégé, Gaal Dornick is throughout the first season put into a cryo-sleep that lets her move into the future without ageing. Finally, the characters of Dawn, Day and Dusk attempt immortality through cloning. The tyrannical emperor Cleon decided that the only person fit to succeed him was…himself. So, he creates a revolving triumvirate of his own clones: Brother Day, a Cleon in his prime; Brother Dusk, an aging Cleon who serves to advise Day; and Brother Dawn, a young Cleon being trained to succeed Brother Day. This "genetic dynasty" has been ruling with an iron fist for 400 years by the start of the series.  

These interpretations of immortality grant each character the ability to shape and curate history in a way that no one human could ever achieve. But as there’s no drama without conflict, Foundation shows us the downsides of this kind of immortality. Firstly, Gaal’s version, being frozen in cryo-sleep for decades might literally extend her life, but from Gaal’s perspective, it is no longer than it would have been otherwise. Whilst she does get to see history play out, she loses connections with people like her family and her lover Raych. She is unable to build the life she would have planned for herself.    

No-one mourns your absence because there’s an identical copy of you still walking about. 

Seldon’s version of immortality is flirted with by tech bros and transhumanists like Peter Thiel. The idea of a computer that has the processing power to replicate a human brain turns up in numerous stories, but it’s another false immortality. Firstly, the original Hari Seldon still dies, and the ‘digital version’ stored eventually in the Prime Radiant is merely a copy. We might not think much of copy and pasting a document or file on our computer, but it doesn’t quite work the same for human beings. A copy is not the same as the original. You can’t ‘Ctrl+V’ a soul. In addition to this, we find out at one point that due to a mistake, Hari’s digital self has been trapped in darkness, fully conscious but with no rest, no distractions and no way of communicating with the outside world for 148 years. This naturally drags Hari into an interminable madness.  

Lastly, the Empire run by the clones, Dawn, Day and Dusk suffer much the same problem as the other two. It’s not a real immortality; as each clone eventually dies. But in many ways, it’s even worse than death. No-one mourns your absence because there’s an identical copy of you still walking about. This is a trope that is troubling, because a protagonist dying and being returned via cloning is often presented as a ‘resurrection’. It has been used as a story arc in the X-men comics and in Peter Capaldi’s era of Doctor Who, with very little outcry from their respective fandoms. Possibly because the thought that the producers have canonically killed the main character and replaced them with an exact copy is simply too uncomfortable to consider. In Foundation itself, the clones are judged by their fidelity to the original (a cold and petty despot) and any deviation is met with a death sentence. Whilst clones may be one way to rule a sci-fi galactic empire, it’s possibly their inability to adapt to changing circumstances that contributes to the fall of civilisation.  

The great irony in all of these interpretations is; you are only immortal to those observing you, and an immortality that relies on perspective is not really an immortality at all.  

It seems that hard science fiction, and ancient Greek myths can at times, overlap in their focus. Viewed in one light, Asimov’s Foundation series can be seen as one long story of Prometheus, who steals fire from the gods to give it as a gift to mankind, only to be punished by Zeus for his actions. Asimov appears to be telling us that mankind can’t accurately predict the future and you can’t live forever. So despite being a staunch atheist, one of the great minds of science fiction might be suggesting that immortality may belong squarely in the realm of the divine.

Support Seen & Unseen

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