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 

  

Column
Ageing
Character
Comment
Politics
5 min read

What the Joe Biden story tells us about growing older

Rather than mimicking the young, the elderly witness to a life well lived.

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

Joe Biden holds a fist to his chest as he stands and speaks.
Biden at the CNN presidential debate.

President Biden has had a few bad days at the office recently. Time and again, he seems to freeze in public, stumbles over his words, as his voice falters and his sentences tail off. At his first public debate with Donald Trump, he looked just like a man in his eighties, struggling to remember facts, his mind not as alert as it once was. Which, come to think of it, is exactly what many people in their eighties are. And Trump is no spring chicken either. Questions around age dominate the American Presidential election like never before. This is a story of not of two elderly gents in a bar arguing over their fading memories of the past, but between candidates wanting to be the most powerful man, in charge of the most forbidding military and economic powers on the planet. 

Old age creeps up on us slowly. To tell when it starts is hard to say. Yet we all know how it ends. Old age is a kind of preparation for death, a slowing down of faculties, a loss of control, a gradual diminishing of powers, preparing us for a new kind of life beyond this one. As a result, in our achievement-oriented age that doesn't believe in a life beyond death, we are tempted to ignore the elderly, shutting them away in residential homes, out of sight and out of mind.

Yet they were valued for what they were – signs of where we are all heading, their stories as object lessons for the young in how to live well (or badly). 

Old age, however, is not a slide into passivity. Even as powers diminish, elderly people still have significant agency – keeping the mind active through reading, walking to the shop to buy bread, keeping in touch with relatives, even getting out of a chair as the end draws near can take as much resolve and determination as the more complex tasks of our youth, and are every bit as heroic and human as the more impressive achievements of our sprightlier years.  

Former cultures respected the elderly for the experience gained, as members of the community to be looked up to, respected and valued. Teenagers were not considered as the moral arbiters of the future but as immature human beings who still have a lot to learn. The old were given pride of place as those who had gained the wisdom of years. Not that that wisdom was always apparent - the elderly can become cantankerous, repetitive and self-focused as powers diminish. Yet they were valued for what they were – signs of where we are all heading, their stories as object lessons for the young in how to live well (or badly).  

The one time when we do place elderly people front and centre, is when they are able to do the things that young people can. Adverts regularly depict old people jumping out of planes, playing rugby, strumming electric guitars - doing the things that young people typically do. Old people who can pretend that they are young are praised to the hilt. Elderly people who lose their memory, their train of thought, stumble and repeat themselves are looked on with pity, not respect. When they do both it confuses us – which is why everyone is worried about Joe.  

Part of the wisdom of old age is to recognise when it has come upon us, and what its distinct calling is. In a strange echo of our culture's attitude to the elderly, Joe Biden seems desperate to tell himself and others that he's perfectly capable of doing the job of President, a job that would come much more naturally to someone 20 years younger than him. Surely the wiser and more sensible course would have been to recognise the signs of time, and halfway through his presidency, to have announced that he was not standing again, triggering a leadership race among the Democratic Party so that a new candidate could be ready for the Presidential election without all the doubts about age and capacity in mind. 

So, caught between ignoring old age and yearning for lost youth, how then, are we to value the ageing process? After all, one day, it will come on all of us who manage to avoid a premature death.  

The main task as the years pass and the shadows lengthen, is to be there for the young,

If we remain active throughout our lives, that activity changes over time. As someone well into my sixties, approaching old age (or perhaps already in it – it is hard to tell?) I recognise my body creaks and does not adapt as it once did. I can't do all that I could in my 30s or 40s. Over time, callings change, and recognising that is part of the wisdom of life. The Christian ethicist Oliver O'Donovan suggests that the calling of old age is to "stand by the side of youth." Elderly people have the task "to show to the young how their generation, the only earlier generation to which the young have direct access, has conceived its tasks and tackled them. If the young are to form their world effectively, they will need models to inherit and to build on."  

The prime task of old age is not to withdraw into some retirement village, playing golf every day, going on endless holidays, living the life we wanted to live in our 40s but couldn't because we had to work. It is not to enjoy retirement as a kind of secular heaven, a reward for a lifetime of hard work, with pleasures abounding. There may be time for some of that, but the main task as the years pass and the shadows lengthen, is to be there for the young, not to tell them what to do but to be a witness of a life well lived - or sometimes an object lesson of a life lived badly – often both at the same time. It is to be a sign of how another generation managed to navigate the complications and complexities of life and how for those who have a faith, as a witness to how God has proved faithful over time, space and the shifting sands of culture. And that involves focus from both sides. The younger need to value, respect and prize the elderly for what they offer as a model of life lived and complexity negotiated, and the old need to recognise their changing role as it creeps upon them with the passing of years. 

The calling of the elderly is just as important as that of the young or even the middle-aged. Yet it is different. We need to value our older people, not because they can do the things younger people can, but because they are object lessons in how to navigate life, and how to prepare for the next one.  

Getting it muddled up helps no one.