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
Mental Health
Politics
4 min read

Why reducing the voting age is a mistake

Adolescence should be a safe space to be a bit daft

Graham is the Director of the Centre for Cultural Witness and a former Bishop of Kensington.

A band and audience are back lit against a stage.
Let it out.
Kylie Paz on Unsplash

The haunting book of Ecclesiastes carries these memorable words:  

For everything there is a season, and a time for every matter under heaven: 

a time to be born and a time to die, 

a time to weep, and a time to laugh 

a time to keep silence, and a time to speak 

They came to mind recently when reading of the UK government’s plan to reduce the minimum voting age to 16. Now I understand why this government might want to do this. Lowering the voting age has proved popular in other places such as Scotland. Some well brought up 16-year-olds are mature beyond their years, show an interest in politics, and are smart, articulate people. And, of course, younger people tend to be more inclined to vote for left-leaning parties like Labour. It makes electoral sense.  

But does it make generational sense?  

Adolescence is a time when we try out being grown-up for a while. Mid-teenagers are no longer children, but they are not yet fully adult. They are in the process of spreading their wings, most of them still at school, living at home under their parents’ roofs, not yet fully responsible for their own time, income, life choices and so on. They can’t legally buy alcohol, fireworks or drive a car. Yet they can buy a pet or a lottery ticket. It’s a kind of middling time, not one thing nor the other.  

And rightly so. Adolescence is a time for a certain controlled irresponsibility. We all look back with embarrassment on things we did in our teenage years. A few years ago, I watched a cricketer called Ollie Robinson make his debut for England at Lords. The best day of his life turned into the worst when some journalist desperate for a story dug up some semi-racist tweets he had posted several years before as a teenager. Some say he has never recovered, as he struggled with the media attention into his life, and has not played international cricket for over two years. We all said stupid things when we were 16 and that should be expected and forgiven as what they were – immature posturing, attempts to work out who we are in the big world, testing the water of the adult world before we dive in. Adolescence should be a safe space to be a bit daft, to get some things wrong and some things right. Hopefully we learn from our mistakes and our successes and grow up a bit through them.  

The attempt to make 16-years olds politically responsible seems to encroach upon that safe space. It risks skewing an important stage of growing up. And this seems to be a modern trend. 

Teenage years are a vital period enabling us to grow into mature adults, learning to become responsible over time. 

In the past, 21 was the age when people legally became adults, being given the ‘key to the door’, trusted to come in and out of the house independently of parents. Yet that has shifted within living memory. The legal age of adulthood was reduced to 18 in 1969. 

Jonathan Haidt recently complained that we are seeing “the complete rewiring of childhood.”  The childhood of mammals, he claimed, involves rough and tumble play, chasing games, activities that develop adult skills. In recent times, he says, we have put into the pockets of children and young teenagers, a video arcade, a porn theatre, a gambling casino, and access to every TV station. The result of indiscriminate access to smartphones has been the loss of what we recognise as childhood and its replacement by gazing at screens all day long. 

This shift to the voting age is also part of the drift to politicise everything. Everything becomes political, from your artistic tastes, to gender differences, to the food you eat, to family relationships. If politics is everything then surely everyone affected by it must vote? Yet politics has its limits. Politicians can only do so much. They can try to fix the economy, close loopholes that let harmful behaviour flourish, organise life a little better for most of us. They cannot fix the human heart, get us to love our neighbours or teach us gratitude, humility, faith, or what to worship – the most important choice of our lives. 

Not everything is political, but everything is spiritual. Everything moulds us in some way, shaping us into the people we become over time, like plasticene in the hands of a child. Teenage years are a vital period enabling us to grow into mature adults, learning to become responsible over time, being given leeway to develop our moral senses and to work out our opinions as we encounter the wider world.  

There is indeed a time to be born, and a time to die; a time to choose, and a time to play; a time to be an adult and a time to be child. Perhaps we should respect the times and seasons of life a little better, letting teenagers be teenagers and not expecting them to become adult too quickly. Most will hopefully have many years to vote if they live long healthy lives. The distinctions of time and the delicate, slow process of maturity need to be respected. We erode them at our peril.  

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