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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 

  

Article
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Digital
Football
Sport
6 min read

Fed up with today’s football? Blame this passion killer

How the beautiful game became boring

Sam Tomlin is a Salvation Army officer, leading a local church in Liverpool where he lives with his wife and children.

An AI image of apathetic football players being watched by dis-spirited fans.
Nick Jones/Midjourney AI.

The football season has begun. And with it, the usual rigmarole of adverts, fantasy football and over-priced shirts. But this season has a slightly different feel to it. Perhaps it is the obscene - and record - amount of money that was spent in the transfer window (benefitting the biggest clubs), or the sour taste of the Isak saga between Newcastle and Liverpool.

Or maybe there is just a malaise with the game that has been growing for years and is now perceptible just below the surface. Friends and family tell me they have lost interest in football, echoing the words of former Chelsea and England player John Terry who recently made headlines by lambasting the state of the modern game as ‘boring’ . The tendency for one team to defend while a more technically gifted and drilled team tries to break them down means ‘You don't see many shots,’ according to Terry. 

His thoughts reminded me of comments made by pundit Gary Neville a couple of months ago after a dull 0-0 draw between Manchester United and Manchester City: 

‘This robotic nature of not leaving our positions, being micro-managed within an inch of our lives, not having any freedom to take a risk to go and try and win a football match is becoming an illness in the game'. 

Neville and Terry are referring to the style of play inaugurated by Manchester City manager Pep Guardiola who has undoubtedly revolutionized how football is played in the last decade. The style is geared towards complete control and domination, ironing out any potential errors and minimising risk. It is statistics and data driven, with managers and coaching staff constantly looking at iPads during matches and clubs employing data analysts. 

This strategy has of course been wildly successful for Man City in recent years. I don’t think these former players are contesting these remarkable achievements or that this style of football can’t be inspiring and entertaining when executed by players at the top of their game. But because it has become such a dominant way of playing, worse players and teams feel that they have no option but to mimic it. The result is often a boring game with neither team willing to take risks as they are desperate to keep possession. Just look at popular memes comparing wingers from 20 years ago putting crosses in the box compared to simply passing backwards.

Liam Manning, the former manager of my team, Bristol City, very much models himself on this data-driven Guardiola style. Tellingly, one of his catchphrases in interviews refers to ‘taking the passion out of the game’. By this he means ensuring that players keep cool heads and stick to the game plan - but I wonder if he inadvertently betrays the philosophy Neville and Tarry rail against: it is passionless, soulless and mechanical, less open to moments of surprise and unexpected brilliance. 

To put my cards on the table, I agree wholeheartedly with Neville. Modern football in my estimation has changed beyond recognition even from the 90s when I grew up. While I cannot deny that some of this has been for the better – stadia safety and decrease in hooliganism for instance – I lament the introduction of VAR and its flawed search for objectivity, the replacement of stadia rooted in the heart of the communities which gave rise to them with soulless bowls located outside of town and the expense that often prices poorer fans out of the game. 

Are Neville, Terry and I just hopeless Luddites longing for a past that would inevitably pass away, or is there a deeper philosophical point to all of this? Perhaps. The French Christian thinker Jacques Ellul (1912-1994) critiqued modernity’s propensity to seek ever more efficiency no matter the cost. The French word he gave to this was ‘technique.’ While this is often translated simply as ‘technology,’ it is wider and deeper than this. He describes it as ‘the totality of methods rationally arrived at and having absolute efficiency (for a given stage of development) in every field of activity.’ 

In a ‘technological society,’ efficiency rather than creativity, beauty or freedom becomes the norm. It is not hard to see this all around us as we scan our shopping on machines to minimise time-consuming personal interaction, use our pocket computers to organise our lives and dominate our attention all the while we do not know our neighbours’ names. Most Western institutions, the systems of business, politics and morality (and perhaps now football?) have been consumed by this system. 

Technique, according to Ellul, is not any one person or group’s fault, but develops its own internal and de-humanising logic which will never reach its goal as it searches forever greater efficiency:  

‘proceeding at its own tempo, technique analyses its objects so that it can reconstitute them; in the case of man, it has analyzed him and synthesized a hitherto unknown being.’  

But the spiritual consequence of technique is a flattened and banal account of human life, desacralizing the world. ‘Technique denies mystery a priori. The mysterious is merely that which has not yet been technicized… Nothing belongs any longer to the realm of god or the supernatural. The individual who lives in the technical milieu knows very well that there is nothing sacred anywhere… He therefore transfers his sense of the sacred to the very thing which has destroyed its former object: to technique itself.’  

There is a clear parallel here with the principalities and powers the Apostle Paul warns against in the Bible: ‘For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.’ 

What is the antidote to technique in football and elsewhere in life? It is tempting to collapse into a fatalism assuming the march of technical and de-humanising efficiency is unstoppable. Ellul acknowledges the potency of technique but suggests that the greatest weapons against its totalising control are both an awareness and consciousness of its methods and consequently a certain conception of freedom which will willingly not conform to its pattern. ‘Freedom is completely without meaning unless it is related to necessity, unless it represents a victory over necessity… We must not think of the problem in terms of a choice between being determined and being free. We must look at it dialectally, and say that man is indeed determined, but that it is open to him to overcome necessity, and that this act is freedom.’ 

In footballing terms this might be seen in an enigmatic figure like Khvicha Kvaratskhelia who seems to belong to another era and whose national team Georgia lit up Euro 2024 with their fearless and free flowing play, or by supporters applauding players who take greater risks even if they do not come off. In life in general this might be expressed through consciously avoiding the ‘necessity’ of efficiency: like choosing to do things more slowly like queueing at a supermarket checkout rather than using the automated machine, or walking to rather than driving where possible.  

For Ellul and Christians, however, the ultimate liberation from enslaving systems comes in the form of a God revealed in Jesus Christ, who lives a life wholly free from such slavery and takes upon himself the debt and weight enslaved humans hope to escape on their own. As Paul puts in another one of his letters: ‘It is for freedom that Christ has set us free. Stand firm then, and do not let yourselves be burdened again by the yoke of slavery.’ 

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