Article
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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 

  

Explainer
Ageing
Comment
Politics
3 min read

Jonathan Aitken: I’m in my 80s and here’s what I’d tell Joe Biden

Don't succumb to this politicians' fantasy.

Jonathan is a former politician, and now a prison chaplain.

President Biden sits at a desk, holding his balled hands to his mouth.
Biden in the Oval Office, 2022.
The White House.

I am the same age as President Biden. So part of my heart went out to him as I watched his catastrophic confrontation with Donald Trump last week.   

As we octogenarians know, or should know, our physical and mental faculties simply don’t work as well as they used to. If tested in the white heat of a Presidential debate, or at a multitude of far lower-level challenges, it is all too easy to slip, stumble or fall.  

These human weaknesses have been almost unchanged for time immemorial. They were painfully if poignantly expressed some 2,500 years ago in the Psalms of David: 

“The days of our age are threescore years and ten; and though men be so strong that they come to fourscore years: yet is their strength then but labour and sorrow; so soon passeth it away, and we are gone.”   

Modern optimists may try to argue with the ancient psalmist. In our 21st century era of vitamin pills, workouts in the gym, macrobiotic diets and intermittent fasting, we are all too willing to believe that we can postpone the arrival of the grim reaper or at least prolong our youthful vitality.   

Politicians are particularly susceptible to the fantasy that they can stay on their best form into old age longer than anyone else. “Age shall not weary us” they whisper to themselves, citing elderly successes such as Winston Churchill who became Prime Minister in 1940 aged 67, leaving Downing Street at the age of 80; William Gladstone who formed his last administration when he was 82; or Ronald Reagan who rode off into the sunset aged 77. 

There are many reasons why political leaders have a tendency to hold on to power beyond their sell by date. Their egos make them believe they are indispensable. Their courtiers, their staff and their appointees like to stay in power too. When the White House changes hands approximately 30,000 people lose their jobs, from mighty Cabinet Secretaries in Washington to humble rural postmasters in Hicksville. So there is a built-in bias for preserving the status quo, by fair means or by flattery. 

What President Biden now needs is loving, personal advice from his nearest and dearest, and wise political advice from disinterested friends whose candour he really trusts. Will he get it? 

My late wife, Elizabeth, was brave in giving what she called “frank notes” to all three of her husbands when she watched them perform on stage, on screen, or, in my case, in pulpits. 

Her movie star spouses, Rex Harrison and Richard Harris, were not always pleased when her notes criticised them for forgetting their lines, failing to sound consonants, or dropping their voices at the end of sentences. I, too, was sometimes less than appreciative, but I always took Elizabeth’s advice. Would that Jill Biden might now imitate such similar Elizabethan candour. 

In his perceptive article on this subject for Seen & Unseen, young Bishop Graham Tomlin (he’s about 20 years younger than me!) made excellent points about the calling of old age. To which I can cheerfully shout, as if I was still in the House of Commons: “Hear! Hear!” 

For, since being ordained at 74, I have found enormous fulfilment in the calling of prison chaplaincy, pastoral care, and preaching. These are not to be compared to the fastest tracks in competitive careers like politicians or investment bankers. Yet they have brought me great joy and I hope they have sometimes helped my prisoners and parishioners. 

The race is not always to be swift.