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Justice
5 min read

Facing up to justice

The crimes and sentencing of baby-murderer Lucy Letby is driving fresh conversations about justice. Edward Smyth examines the confusion and contradictions within them.

A writer and speaker in the field of criminal justice and faith, Edward Smyth is now pursuing doctoral research on the 'through-the-gate' experiences of individuals who have found faith while in prison.

A prisoner looks into the camera.
Lucy Letby's Police file photograph.
Cheshire Constabulary.

‘Christians need to be ready for the inevitable moment when Lucy Letby declares that she’s found Jesus in prison.’  

So read one of many tens of thousands of tweets posted on the day Letby was sentenced to spend the rest of her natural life behind bars. I probably saw several hundred of those tweets that day; yet this one has lingered, niggling away at me whenever my mind is drawn back to a consideration of the appalling facts of a case that surely takes its place amongst the worst ever to have been prosecuted in this country.  

One of the things about the Letby trial which has caused the most consternation has been her refusal to appear in court for some of the verdicts, and for her sentencing hearing. The strength and volume of the response to what is being almost universally termed her ‘cowardice’ has some challenging things to say about what contemporary society means – or thinks it means – when it talks of ‘justice’. And, as I write, the Government’s response has been to force criminals to appear. An interrogation of these responses might just help us all begin to be able to think through where this leaves us, too.  

The sense seems to be that in refusing to enter the dock at Manchester Crown Court for her sentencing, Letby has somehow evaded what we might term her ‘just deserts’; and that her victims and their families – and indeed society – have been cheated out of some of the justice to which they feel entitled. If the act of receiving the sentence is viewed as itself part of the punishment (not an assumption by which I am wholly persuaded, but one which sits at the heart of this argument) then the outrage caused by Letby’s avoidance of her sentencing speaks to a certain weighting of the importance of that one morning in court as against the next forty or even fifty years Letby will spend in prison. What this boils down to, then, is retribution pure and simple. We think offenders should be made to listen to the impact of their offending because we want them to feel all the things that we believe they deserve: guilt, shame and pain. We want this because of some innate, deep-rooted sense of balance and fairness which dictates that an appropriate response to the imposition of pain is, in turn, the imposition of pain.  

Our legal system exists, in part, to ensure that this remains proportionate: the state censures offenders to avoid the inevitable disproportionate vigilante or retaliatory action which would otherwise ensue, exercising what some criminologists refer to as its ‘displacement function’. Prisons, of course, are out of sight and usually out of mind which perhaps explains the importance of the sentencing hearing in cases like this: it is the only opportunity we have to see the convicted person suffer – and we need to see it with our own eyes to make sure that, even if we think ‘prison is too good’ (i.e. insufficiently painful), we have at least seen the convicted person suffer some pain. 

Letby may have avoided being deluged by the waters of justice rolling down upon her ... in the dock, but we should be in no doubt that those waters are rising from the floor of her prison cell as we speak.

For Christians, though, the elephant in the room is that Letby has been sentenced to a ‘whole life order’. In passing that sentence the state is saying ‘we have no interest in your rehabilitation’; and that is something which should give all pause for thought especially Christians. I do not think there is a ‘correct Christian response’ to this issue, as it happens: personally, I would rather we didn’t have whole life orders, but equally I have no objection to someone spending the rest of their life in prison if that is the only safe course of action. If we were designing a Christian system of criminal justice, then whole life orders would be indefensible on the grounds that we have no right to make impossible redemption; but we’re not designing – or operating under – a Christian system of criminal justice; and redemption in the theological sense is still possible in prison. I struggle – particularly in light of cases like this one – to get too worked up about it.  

But perhaps that’s the point. Perhaps the fact that my own theology opposes whole life orders but, when exposed to the facts of a case like Letby’s, I find it difficult to care very much is exactly the kind of confusion and contradiction of which I spoke at the outset of this article. And in that confusion and contradiction perhaps we find what it is to be a Christian, our instinctive and culturally conditioned human responses coming up against the teaching of the ultimate countercultural being and, so often, overwhelming it in our hearts.  

Those hearts ache for the victims of Lucy Letby and their families. Have they received justice? She will spend the rest of her life in prison: I think they have. Is that justice compromised because she did not appear for her sentencing? I think it is not, on both secular and Christian grounds. Secularly speaking the state has performed its ‘displacement function’ and the punishment is being carried out whether she was there to hear it or not. The victims have – for better or worse – been removed from the conversation, which is why criminal cases are listed as ‘The King v. ...’ rather than ‘[Victims’ names] v … .’ Theologically speaking Letby may have avoided being deluged by the waters of justice rolling down upon her (as Justice is described in the Bible) in the dock, but we should be in no doubt that those waters are rising from the floor of her prison cell as we speak, and she will be soaked through soon enough. 

The case of Lucy Letby – as with any case of great evil – is a violent challenge.  For the Christian, it is one which can only be met with prayer, thought, and introspection. In short: they must pray their way to their own response. But whilst they are doing that as Christians in an increasingly secular world; a world where the responses that they know their faith obliges them to make are so quickly and easily monstered – I can only hope that they and we find in our Church an institution willing to preach that countercultural, unpopular Gospel.    

'Modern man often anxiously wonders about the solution to the terrible tensions which have built up in the world and which entangle humanity. And if at times he lacks the courage to utter the word “mercy”, or if in his conscience empty of religious content he does not find the equivalent, so much greater is the need for the Church to utter this word, not only in her own name but also in the name of all the men and women of our time.'  
Pope John Paul II 

  

Column
Comment
Football
Identity
Sport
5 min read

Football’s rainbow row shows up symbolism’s flaws

The vagueness that gives symbols power reduces the chance for nuanced conversation.
A football boot with rainbow laces
Premier League.

In 2013, the LGBTQ+ charity Stonewall partnered with the Premier League to launch the Rainbow Laces campaign. For certain matches, Premier League footballers are encouraged to wear rainbow colour laces and armbands when captain. 

The stated aim of the campaign is to ensure “everyone feels welcome” at football matches. All the league’s clubs have committed to the campaign, although the wearing of laces and armbands is optional for players.  

Recently, Ipswich Town’s captain Sam Morsy decided to wear a standard captain’s armband, rather than the rainbow-coloured version. The club later released a statement saying he made this decision due to his religious beliefs, which the club respected. Morsy again declined to wear the rainbow-coloured armband for Ipswich’s match against Crystal Palace a few days later. 

Speaking of Crystal Palace, their captain – Marc Guehi – did wear the armband, but wrote “I [heart] Jesus” on it. While the FA did not punish Guehi or Palace, they did write to them to remind them that religious messaging of any kind was not permitted on kits. Subsequently, during Tuesday’s match against Ipswich, Guehi changed the message to “Jesus [heart] you.” 

It says something about society’s view of Christianity that people saw Guehi’s “I [heart] Jesus” message and took it as an anti-LGBTQ+ message. The Church is doing something wrong if people can so easily equate loving Jesus with hating LGBTQ+ people.  

Of course, it is undeniable that many people have been – and continue to be – discriminated against and persecuted because of their sexual orientation or gender identity in acts of violence and abuse underwritten by religious beliefs. 

However, being ‘religious’ is not a straightforward predictor of someone’s views of sexual orientation. Many people who self-identity as Christian, Muslim, Jewish, or as members of any number of other faiths, would describe themselves as inclusive and affirming of people of all sexual orientations and gender identities. 

So, why are we talking about what colour armband grown men are wearing – or not wearing – when playing football?  

The issue emerges because of the use of these armbands as symbols. Symbols are inherently empty of content; they only mean something when individuals or groups assign meanings to those symbols.  

This is how the meaning ascribed to symbols changes over time, as they are used in different ways and received by different social groups. For centuries, the swastika was a wholly positive religious symbol in a variety of traditions across Hinduism, Buddhism, and Jainism, often carrying connotations of prosperity and good fortune. 

You would be hard pressed to find someone who ascribes this meaning to the swastika from the 1930s onwards.  

Symbols are powerful, but they are so precisely because they are devoid of intrinsic meaning. Humans are unsurpassed in their ability to fall out with one another. By centring campaigns and movements around symbols, people who would ordinarily be at each other’s throats are more easily able to stand alongside one another, ‘filling’ the symbol with whatever meaning sits most comfortably with them.  They are meaningless banners under which odd bedfellows might bury the hatchet in service of greater aims.  

But symbols can be a double-edged sword. Their lack of concrete meaning also allows different people to find competing meanings in the same symbol. Part of the reason for the dispute over the wearing of rainbow armbands, then, is due to different groups ascribing different meanings to the same symbol.  

For some footballers, being encouraged to wear rainbow armbands might be received as being encouraged to wear a symbol encoded with meanings that undermine their entire system of religious belief.  

And, for these people, religious belief is not an optional extra; it is their most fundamental identity and it is the framework within their entire existence and experience is rationalised and given meaning. To undermine a framework like this is no trivial matter.  

But for people who identity as LGBTQ+, seeing their team’s captain wearing a rainbow armband might ‘mean’ something as simple as: “If you identify as LGBTQ+, you are welcome here at this football match, and we want you to feel safe here.”  

It’s not hard to see how a refusal to wear an armband might be received as a slap in the face for people who ascribe that meaning to the armband; it’s tantamount to a refusal to acknowledge their existence. While it unfortunately does need repeating, the mere existence of LGBTQ+ people is not a threat to religious belief.  

The malleability of the symbol means that both individuals – and by extension, the groups to which they belong – are left feeling as though there is no space for them in football. Or, at the very least, that they have to compromise on being who they are if they are to be afforded a place within the football community.  

The desire for beige corporate gestures designed to be cheap, easy and unoffensive wins often reduces the scope for conversation and dialogue. 

And this is the problem with trying to navigate complex issues such as societal inequality through tokenistic gestures and symbols: the same power that enables symbols to unite people can also divide people. The same vagueness that makes symbols so powerful also minimises the possibility for genuine and nuanced conversation. 

This is not to say we should do away with such gestures altogether. The comedian Matt Lucas took to X to recount something of his experiences as an Arsenal fan. Twice this season – just this season – Lucas has been abused at football matches because of his sexuality. 

I’ve never been abused at a football match because of my sexuality, gender, race, ethnicity, or, for that matter, my religious beliefs. I don’t think it’s up to me to decide what does and does not make LGBTQ+ supporters feel welcome and safe at the match. If symbols such as rainbow armbands make these supporters feel safer at football matches – and again, it’s not up to me to decide if they do or they don’t – then I can only imagine that is an unqualified positive.  

That being said, if football is going to have meaningful and fruitful conversations about questions of faith, religion, and sexuality, then I think it’s clear that tokenistic use of symbols is simply not equipped for that. Like so much contemporary public discourse, the desire for beige corporate gestures designed to be cheap, easy and unoffensive wins often reduces the scope for conversation and dialogue.  

Symbols lie at the heart of human experience. The fallout from the actions of Sam Morsy and Marc Guehi demonstrates the significance of symbols to human life, but also of the importance of understanding the meaning of our cultural symbols, both as we understand them, and as they are understood by others.  

Too often we focus on what symbols mean to us, at the expense of what they might mean to others. When we assume that symbols carry a shared, fixed meaning for all, we deny ourselves the opportunity to listen and learn from the ways in which we experience our shared cultural symbols.  

And if there is one thing we really could do with more of, it is listening. 

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