Article
Comment
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 

  

Article
Character
Comment
Education
Fun & play
5 min read

Is your child school ready?

What really matters as a child develops
A teacher looks on as a young child concentrates on writing.
Department for Education.

In the coming weeks, those little critters will start to emerge, easily identified by their autumn plumage of coloured sweatshirts and oversized backpacks. Anxious parents and caregivers can be spotted, shepherding their young along paths and pavements, casting worried glances left and right at the pelican crossings. Listen carefully and you may hear the squeak of uncomfortable new shoes and juveniles complaining about the wearing of a coat, as adults of the species re-establish social bonds with cries of, “Back to school already, I can’t believe how fast it’s gone!”   

As they congregate upon the tarmac staging ground, some will be taking part in this ritual for the very first time. Neophytes who have maintained social bonds throughout the pre-school years might be seen to greet their fellows cordially, “Did you have a good summer? Can Flo make it to Izzy’s party?” Others will stand alone, scanning the playground for a half-remembered face from the bygone days of antenatal classes. That was only five years ago, but it feels like a millennium. The faces are changed; everyone looks more…tired. 

The world has been turned upside down in those past five years. It’s been said so often that it is almost trite, but nonetheless true: nothing prepares you for becoming a parent. In the UK, new parents increasingly raise their children without the immediate support of extended family, coupled with the tyrannous expectation that one will retain one’s employment rank and contribution to the labour market alongside this new and 24/7 full time job of looking after baby. The Key Performance Indicators of parenting are ambitious. Deliverables for the first five years include toilet training, instilling speech and language skills, establishing basic recognition of 26 alphabetical characters (including the child’s ability to recognise the alphabetical sequence that spells their own name) and ensuring the recognition of and (ideally) ability to correctly sequence numbers 1 to 20.  If your child can do all of this by the age of 5, whilst also learning not to punch, kick or bite other children, not to eat food off the ground, and not to stick rocks up their nose, then congratulations! Your child is school ready

It may comfort some readers to know that very few 5-year-olds manage to hit absolutely all of these milestones. As the education secretary, Bridget Phillipson, commented recently – parenting is too hard. She is working to establish a new iteration of Labour’s ‘Sure Start’ programme (rebranded as ‘Family Hubs’) to offer parents more support in the community. As part of her rationale she states, “When one in four children are leaving primary school without having reached a good level of reading, then something’s gone seriously wrong in those early years that has to go beyond the school gate.”  

Whilst I’m keen to see more support for new families – I’m intrigued by this particular rationale for it. Ability to read well by a certain age seems an unlikely metric by which to measure whether a child has had a positive experience of childhood; it appears indicative of what autism-researcher Anne McGuire calls “The normative time of childhood,” in which the success is measured against an imagined future of economically productive years. By this metric, if a child learns to read at a prodigiously young age this is taken as an indicator that they will enter the workforce with greater velocity than their peers, essentially that they will have “more future-yet-to-be-realized” than those around them. McGuire writes, “In a neoliberal regime where ‘time is money’, the child is figured as ‘time-rich’ and so represents a good investment opportunity indeed.”  

McGuire’s analysis is piercingly accurate of how we often talk about our children, despite knowing all too well that it represents a fallacy. There are multitudinous stories of adults who have gone on to make staggering contributions to human flourishing, despite being placed (literally or figuratively) under the dunce’s cap at school. But even without focusing on those who go on to excel, those who attract fame, fortune, or both, we don’t have to look far to find cause to re-evaluate what it means for a child to be school ready.  

My son’s year group recently finished their own primary school journey, and a quick glance through some of the leavers’ books reveals that children are very good at valuing each other for what is here in the present, without recourse to an imagined economic future. As children wrote goodbye messages for each other they said things like,

“Thank you for always having such good ideas for games to play.”

“You helped me on my first day when I got lost.”

“You’re a great house captain and you always help the teacher.”

No one was particularly keen to predict fame and fortune for the future of their friends, and there was an understandable indifference towards academic milestones. As a literary corpus, the leavers’ books were testament to the old adage that people will not remember you for what you say or do but will remember you for how you make them feel.  

One the subject of childhood, Jesus once said something that defies easy explanation. He was out, teaching in the open air, surrounded by crowds of adults including important religious leaders and wealthy individuals who wanted to ask complex and deep theological questions, but in the midst of it all there were parents bringing their children, elbowing their way to the front of the crowd to ask Jesus to pray for their little ones. When some of Jesus’ followers tried to usher the children away, Jesus said, “Let the little children come to me, and do not hinder them, for the kingdom of heaven belongs to such as these.” The precise meaning of this utterance has eluded thinkers and theologians for centuries – what exactly is it about childhood that Jesus was alluding to?  

I wonder if it is something about the capacity of children to live in the immediate, and therefore to value what really matters – justice, kindness and friendship. In primary school, yes it helps in some ways for children to arrive aged 5 with a certain command of the alphabet and the ability to finish the day wearing the same set of underwear that they arrived in. But perhaps what matters more is children arriving ready to enter the fray of friendships – being kind, being helpers, having the self-confidence to know that they have something to give to the learning community that they are joining, whatever their learning speed might be. Such things are gloriously untethered to economic potential or a future-yet-to-be-realized, but they are closely tethered to a child’s understanding of themselves as a valuable and important person. If Labour’s intention to offer new parents more help in the community goes some way towards communicating to our pre-school children that they have that have – and will always have – value, regardless of what they will or won’t attain to academically or economically, then it will help many more children reach the milestone of being school ready.  

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