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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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General Election 24
Politics
5 min read

What happens when you lose an election?

Spare a thought (and prayer) for the defeated.

Ross leads CARE, a Christian social policy charity.

A mayor reads an election result as a despondent candidate looks on.
Penny Mordaunt loses in Portsmouth.
BBC News.

Friday morning, 6 May 2005 I awoke wondering whether the past few months had been a bad dream, and contemplating what my future might hold. It was the day after the general election. ‘My’ party had won, but my result, while respectable, was a distant second place. So, in the wake of this election, I know what the vast majority of the 4,379 candidates who ran are feeling, which is why I would encourage us all to spare a thought and prayer for them. 

Few people apart from close family and friends and the most ardent party activists will give much attention to the candidates who lost. Perhaps a few prominent politicians will be interviewed alongside pictures of the ex-cabinet member who lost their seat to a fresh-faced young candidate. But in general, life moves swiftly on, and those who lost will be quickly forgotten about. 

It's understandable. We want to know what a new Government will do – who will be the leading figures shaping our lives over the next few years. If we do think about those who lost it will be in the context of the next competition – party leadership. Will there be a change in party leaders? Which ‘faction’ will come to dominate their party, and so on. This is an important consideration. 

There will be hundreds if not thousands of candidates who will need to be reminded that their identity and worth is not in politics, being a candidate, or seeking the approval of local voters. 

Of the 3,729 candidates not elected to sit in Parliament for the next five years many will face a similar mixture of emotions as I did on that morning in 2005. There may be regret and anger. I know for a long time I wondered whether there were things I could have done differently. Things I did not say or do that could have made a difference. “If we had planned to do this… if we could have avoided that…, should I have…” will be questions on the lips of many on Friday morning. 

Personally, I also felt that there were things said and done against me that were deeply unfair, so I was also angry that the unjust had seemed to prevail. I could identify with the  ancientthe ancient writer of the Psalms poetry who cried “why do the wicked prosper?” Politics is unfair and cruel. That is the reality. Too often it is not a meritocracy. Candidates lose, not because they are less able but because voters preferred another party or leader. 

In these days following the election, I suspect there will be hundreds if not thousands of candidates who will need to be reminded that their identity and worth is not in politics, being a candidate, or seeking the approval of local voters. For me, I was immensely grateful for close friends and teachers who reminded me that my identity was in Jesus Christ. I was part of a holy nation, a royal priesthood and God’s special possession. God knows how those former candidates and MPs without that security will cope, which is why they need our prayers. 

Being a candidate is hugely costly. Some do it for fun, others might be motivated by spite, but the great majority run because they want to serve others. 

I also needed to learn what it meant to forgive. I felt that untrue claims and accusations had been made against me during the campaign, and tactics deployed that were designed to intimidate and mislead. I did feel that the result was unfair, and I was angry that my opponent and his team would stoop very low to win, But I also needed to learn how to forgive. To this day I believe I ran an honourable campaign, giving more respect than I received; and I would like to think I would have made a good MP. I believed God called me to run but I do not feel he let me down. That does not mean he still needed to teach me how to forgive my opponent. That is an ongoing process I am learning over time.   

There will be many like me who will need to learn forgiveness in the weeks, months and years after the election. Like me, they may need to learn how to forgive opponents that hurt or wronged them, or learn how to forgive themselves, the electorate, or even God for not giving them their hearts desire.

And I'll pray that those who were defeated in this election will still have sense of calling to public service, despite their loss, if this is right for them. Being a candidate is hugely costly. Some do it for fun, others might be motivated by spite, but the great majority run because they want to serve others. We need to remember this in an age where people are increasingly cynical about politics and politicians. 

I lived in the constituency I was running in for over four months before the election. The Monday after polling day I was back at the desk I had not seen for months. It took several months for me to slowly work out that God could still have a calling for me into the public square and that his plan was good. 

There is evidence that in the current environment, good people are staying out of politics and public life because of the cost and the emotional toll it has on the individual and their family. I know firsthand some of what that means. But if good people are deterred, they leave a vacuum that will be filled by others of less capability and virtuous character. That would be a tragedy for our national life.  

So, in the days after the election, I will intentionally remember how I felt nineteen years ago and send a card or text message to those who I know have lost, thanking them for their service and reminding them that God may still be calling them into public life and service, just in a different way. And I will pray for them, as I also pray for the new government, and the peace and prosperity of the UK in the next five years.