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
Comment
Identity
Nationalism
5 min read

Which nation are you flying the flag for?

Flag raisings, Ed Sheeran, and my split national identity

Juila is a writer and social justice advocate. 

A Union Jack is draped over a railing, next to a red flag saying Jesus.
A flag demonstration, Portsmouth.
TikTok.

Flags are flying from lamp posts around England. It’s newsworthy here – and yet reports barely note that for those of us from Northern Ireland, we know something of this. A couple of weeks ago, the backlash was loud when Ed Sheeran declared himself ‘culturally Irish’, attributing greater significance to his family’s heritage than being born and raised in England. When it comes to signs of identity, things can quickly get personal. 

In my family – Northern Irish mother, English father, two daughters born in London but most of our childhood spent living just outside Belfast – we’ve been known to debate points to tot up our national identities over the dinner table. Does a place of birth outweigh the school years? When does formation finish – on turning 18 or do the months away at university count for anything? Does it matter how our mixed DNA actually expresses in our hair, our eyes, our stature?  

It’s a game and it’s our deeply felt reality. It’s the years spent with my schoolmates teaching me to correctly say ‘how now brown cow’ – and the arrival in England to find people couldn’t understand me saying my own name. It’s the stomach churn I still feel when I see flags flying, having grown up in a country where banners signal who is in – and therefore who is out. It touches on the questions of belonging and home.  

Irishness seems to travel well. The popularity of the island’s artists and art (from Paul Mescal to Derry Girls) are all signifiers of this cultural moment. But being Irish has always carried more cachet when I’ve been abroad, and I confess that when it has suited, I have led with my more ‘palatable’ half (or quarter or… the family maths is still up for debate). It’s convenient – but there’s also a discomfort in the enduring appeal of ‘Irishness’ outside of the island. It’s an ‘otherness’ that evokes intrigue and warmth, rather than fear. Difference that is more than acceptable, sometimes desirable. Distinct enough to be interesting but unthreatening for often being associated with white skin. 

Underneath the light-hearted arguments of our dinner table is a question of formation. Ed Sheeran attributes his sense of being Irish to the things that he feels have shaped him. It’s in being away from Belfast, living in England, that that I have seen more clearly the ways that Irishness has formed me. Watching Derry Girls with my English husband I freely laughed at what I assumed were universal jokes, only to have to hit pause and explain them. The show unearthed memories – not bad, just not often recalled – of Bill Clinton’s historic visit and the ‘across the barricades’ style gathering of primary schools from different sides of the community. 

Signs and symbols matter. I recently rewatched an episode of tv show, The West Wing, in which the US flag may – or may not – have been burned as part of a trick by magicians Penn and Teller. A media maelstrom follows. Whether or not the flag burned matters, as does the symbolism of this act taking place in the White House, itself an emblem of national identity and power. 

Reflecting on the news, I find myself thinking about the signs of a different kind of kingdom, one that transgresses national borders. In the Bible there's the story of one man who died once for all the world. And in dying, he brought forth his kingdom – one that crosses boundary lines to be truly global. The signs of this kingdom are not division or disconnection but peace and justice, joy and comfort, healing and presence. 

This is not about homogenisation. It’s not about the erosion of cultures, but about the beauty of all represented. As Harvey Kwiyani, a theologian from Malawi, puts it: “We are all welcome to God’s kingdom with our unique cultures. Being in the kingdom of God does not erase our cultural differences… The kingdom of God finds its fullest expression in intercultural mutuality. It is a multicultural kingdom.” The kingdom of God in all its richness – that’s a tempting proposition.  

It’s easy to see that we aren’t living in the fullness of this yet. But the world is not a static place. One metaphor used to describe the kingdom of God is yeast; living cultures filling the dough, making it rise. This is an image that is expansive, generous. The kingdom isn’t wholly realised yet, but we can see more and more of it. 

And like the yeast, we have a role to play in culture changing. As Graham Tomlin wrote following debates about ‘Englishness’, belonging to the kingdom of God means we have an identity not defined by where we live. Being part of this kingdom, we also become active participants in it. Formation is not just about us; we get to play an intentional role in the formation of a kinder world, in the coming of God’s kingdom. In the midst of fear and uncertainty, our ability to engage in such life-giving action offers a concrete hope.   

This is not a defensive position, but a brokering one. The kingdom is bigger than our individual lives, churches or communities; recognising this helps us to break out of a fortress mentality. So far, this century has been marked by fortification. As well as the raising of flags, there have also been walls. At the end of the second world war there were fewer than five border walls; there are now more than 70, most of them built in the last two decades. But the kingdom of God offers a view of home that is not about defence, not about perimeters, or even places. It’s a relationship with God, who made and sustains this world, who crosses the divide to meet each of us. In meeting him, we can partner together in seeing more of his kingdom on this earth.  

Anthropologist Andrew Shyrock defines sovereignty as “manifest in the ability to act as host”. Or to ground it in the day to day: to be able to offer a cup of tea. Perhaps some of the anger about Ed Sheeran’s claim is because of what it seems to either take or reject, pulling towards one nation while turning a back to another. Belonging to the kingdom of God invites us to think beyond what we can have to how we can intentionally serve. It has room to honour heritage and at the same time, it bends forward towards eternity. In the day to day, I find this a comfort: to see formation as not just about the past, but also the power of creative act after creative act in shaping the world that’s coming. 

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