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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 

  

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Sustainability
6 min read

Does COP make any difference?

When climate deal makers and justice seekers meet.

Juila is a writer and social justice advocate. 

A speaker holds two fingers up while sitting in front of a backdrop reading 'United Nations Climate Change.
Brazilian politician Geraldo Alckmin addresses COP29.
Vice-Presidência da República, CC BY 2.0, via Wikimedia Commons.

This year’s UN climate talks have come to an end with a headline-grabbing figure, reports of deep divisions and cries of failure. How do we understand the legacy of these negotiations for us now and for the generations to come?  

COPs bring together negotiators from almost 200 nations, along with tens of thousands of people from across business, civil society and local communities. They gather to make decisions about this crisis that touches every community and part of our lives and our world, though not equally (which is part of the issue). The annual negotiations are the culmination of months of action and diplomacy. The negotiators pore over draft texts to understand the implications of a new set of brackets, they search for sources of free coffee to power them through the increasingly sleepless fortnight, and scrabble at the end to land on a consensus.  

At COP29 this year, the key things at stake were a new finance deal that was three years in the making and a wave of 2035 national climate targets. Lurking amongst discussions were the implications of the US election results. The pressure was on to land strong decisions before Donald Trump – who withdrew the USA from the landmark Paris Agreement on climate last time he was in office and has stated his intention to do so again – returns to the White House. 

What did we get at the end of all of this? 

Finance in the spotlight 

The new finance goal of at least $300 billion per year by 2035 for lower-income countries seems like a big number, but is around a quarter of what is needed, $1.3 trillion. For what was dubbed 'the finance COP', wealthier nations came with a distinct lack of actual money, despite their obligations towards those countries least responsible and hardest hit by climate change. The $300 billion could be spun as a tripling of the previous commitment of $100 billion a year – but taking into account inflation, it’s nowhere near that in real terms. And it’s not just about the quantity; much of that money is likely to be loans, driving already strapped countries even further into debt. 

When lower-income countries argued for that $1.3 trillion, this wasn’t them trading Pokemon cards in the playground. It was about the very existence of people and whole communities. Climate Action Network, a global network of over 1,900 civil society organisations, labelled the outcome a betrayal, while India's delegate Chandni Raina called the final text “little more than an optical illusion”. 

To build meaningfully from this, the last-minute addition about using the next 12 months to develop a roadmap towards that $1.3 trillion needs to be a priority. This finance could come from sources such as taxes on shipping, aviation and the wealthiest in society. This money would be an investment in the world we need – more secure and stable in the face of growing climate chaos and more frequent flooding and storms. 

Emissions reductions left in the dark  

The other key test of this COP was meant to be the countries’ national climate commitments which are due to be updated and strengthened by February next year at the latest. Despite this, the UK was one of just a few countries to come with a new target. In Baku, nations had the opportunity to collectively agree how they will implement the commitments from last year to transition away from fossil fuels – but kicked those decisions to next year. This is in the context of plateauing action to curb warming; since 2021 we have been on a path toward 2.7°C by the end of this century. (This analysis suggests the recent election of Donald Trump could add 0.04 °C of warming due to rolling back US climate policies; not good, but not the derailing some feared. The potential impact on collective action is as yet unquantified.)  

A mirror to the world  

Questions are inevitably being asked about these COP events: are they “no longer fit for purpose”? Is it time for something else to deliver the scale and urgency of action required?  

I was struck by the words of Alden Meyer, with his 40 plus years of experience in climate policy: 

“COPs are where the world holds a mirror up to itself to see how well it is doing in the fight against climate change; when the image in the mirror is ugly, it does little good to blame the mirror.” 

We do not like what we are seeing. Two weeks of tough negotiations culminating in imperfect outcomes expose our frustration with the rate of our change. They magnify our longing for COP to solve this crisis that frightens and overwhelms us.  

But COPs are only as good as the governments, businesses and people that will turn the agreements into lived reality. That’s why those national climate plans due next year matter so much. This mirror indicates that climate seems to have slipped a little down the priority list, despite the growing urgency. 

The mirror analogy is a good one – but we also need to recognise where there are vested interests who would obfuscate what we see and what is decided. Among the thousands who descended on Baku were 1,773 fossil fuel lobbyists — more than all delegates from the ten most climate-vulnerable countries. This is part of a recent trend of outsized influence by those who would invest against our collective future for the profit of burning more fossil fuels.  

Weeks like last one remind us of the flaws in the COP process – but the answer is not to ditch the whole thing. COPs are the only forum where every country is heard on this global issue. Existing power imbalances are reflected and needed to be addressed; a concrete finance figure only appeared on the last scheduled day of negotiations, putting lower-income nations were under pressure to accept it as clock ran down. In the final hours, several delegations walked out of a meeting to express their frustration with what was on offer. 

COPs provide a space for civil society, youth activists, faith and community leaders to speak into global decisions and shape the world and our future. Getting the agreement we got is in part testament to the advocates who kept finance solutions on the agenda.  

The COP processes need to be made fairer and more accountable, to steer a clearer way forward for climate action of the scale and speed we need. But if we scrapped them, we’d only need to create a different space for international diplomacy in their place – and we certainly don’t have time for that.  

We see only in part   

Ultimately, our disappointment with COP shines a light on our longing for a more hopeful future. It would be easy to let weeks like the last one harden or discourage us. But legacies are hard to see in the moment. Prior to the 2015 Paris Agreement, we were headed for at least 3.5℃ of warming by the end of this century; a catastrophic change to our world and inheritance for future generations. COPs have played a key role in shaving almost a degree from that trajectory. It still isn’t enough, but it isn’t nothing.  

COPs show us something of the world as it is – messy, broken and yet suffused with people devoting themselves to justice again and again. For many, there’ll be some much needed rest to catch up on, because this is a race for the long haul. We live and act and speak for justice knowing that legacies don't fit nearly into a headline or media quote. They are slower to be realised and understood. The challenge to us all is to keep sowing faithfully, knowing we may not be the ones to reap in our lifetime. To keep acting in love and hope – even when the end is not in sight.  

One of the early church leaders, Paul, wrote in a reflection on love: “For now we see only a reflection as in a mirror; then we shall see face to face.”