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
Comment
Identity
Nationalism
Sport
6 min read

The Euros and the problem of nationality

In a world of populist nationalism, should you support your national team?

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

Two England fans stand in stadium seeting holding up their flag.
England fans at Euro 2024.
@FBAwayDays.

Tony Cascarino was a footballer in the 80’s and 90’s, playing for various clubs including Aston Villa, Celtic and Chelsea. He also won 88 caps for the Republic of Ireland scoring 19 goals. A good but fairly unremarkable career was turned on its head in 2000 when it came to light that he was never actually eligible to play for Ireland. After being rejected for an Irish passport in 1985 and learning on his Irish grandfather’s deathbed that he was not the natural father of his mother, Cascarino did not tell anyone and just kept playing international football. He only went public after he retired and published an autobiography. Quite simply he represented the Republic of Ireland without being Irish. 

Sport is a key marker for national identity in most nations’ cultural imaginations. Whichever nation wins this year’s Euro football tournament will have millions watching and tens or hundreds of thousands lining the streets for a victory parade, with national flags, politicians and celebrities in tow. The case of Tony Cascarino, however, exposes the shaky foundations of national identity. 

The general rule of international sport is that if you are born in a country, have a parent or grandparent born there, or have lived in it for a certain number of years, you can represent that country. Over the years this has led to some odd scenarios like 23 of 39 players in a recent Scotland rugby squad being born elsewhere or England’s 2005 Ashes hero Kevin Pietersen speaking in a broad South African accent. My children could technically represent Zimbabwe at international sport through a grandparent born there, even if they never set foot in the country. Declan Rice will be at the heart of England’s midfield in this tournament, but even he represented the Republic of Ireland three times at senior level, being able to switch teams because those matches were only friendlies. Gareth Southgate once commented: ‘first we had to convince him it would be a good decision [to switch to England].’ Far from being core to our identity, it seems as if nationality can often be chosen after weighing up the pros and cons. 

The best Christian teaching on identity undercuts both sides of the culture wars in a way that also avoids a centrist fudge.

Identity is a key aspect in dominant cultural discourse at the moment. The phrase ‘identity politics’ is often thrown at those who are perceived to locate the most important aspects of identity in one’s sexuality, gender or skin colour. Those on the other side are just as keen to define identity, but will stress the importance of national heritage along with accompanying national values. 

What does Christianity contribute to debates about identity? It is not hard to find activist Christians on both sides of these debates, especially on social media. Yet Christian belief has something more distinctive to say than the usual tropes in wider society. The best Christian teaching on identity undercuts both sides of the culture wars in a way that also avoids a centrist fudge. 

Jesus speaks about being ‘dying to yourself’ and being ‘born again’ when someone starts to follow him. While some associate these loaded phrases almost solely with a question of  eternal destiny after death (heaven or hell?), surely their meaning goes beyond this to the central question of identity. In essence, Jesus tells people that the things that used to be central to their identity actually become less important once you enter the kingdom built around him – you literally die to them and are born again. The centrality of national identity is relativised in parables like the good Samaritan where it is the enemy nation rather than the compatriot who offers help. The role of women is often flipped on its head as they provide the model of discipleship where the male disciples fall short. Wealth is stripped of its cultural power as Jesus’ followers are commanded to share and hold things in common. The allure of social status and significance is shorn of its potency as we see ourselves in the light of a God who made and cares for all of us without exceptions, and indeed holds special favour for the lowly and ‘unimportant’ in the eyes of everyone else. A Christian is not supposed to allow things like nationality, wealth, status or gender be too important in comparison to her identity in Jesus Christ and the community she enters when she begins to follow him. 

No other ideology or -ism in history has centred this self-giving relationship (not just ‘relationality’) at its heart. 

Both sides of the culture wars – what have become known as ‘woke globalism’ and ‘populist nationalism’ – have their own promises of community. Yet neither ultimately escape the rampant individualism of our culture, the unmistakable product of Enlightenment thinking. On the ‘liberal left’, personal preferences and choices are advanced as the central parts of identity. Yet on the other side, the logic of nationalism and even patriotism, however, is still built around the self – drawing a picture of the world which looks and sounds like me as much as possible. A Christian vision of identity is founded outside of the self - on God. Christian thinking has always been wary of any self-oriented ideology because it will be unsustainable in the long run. 

Other ideologies can offer a vision of identity beyond the self – communism, fascism, capitalism, for instance; all promise a fulfilling life if you submit yourself to them just as Christianity does. At their heart, however, these ideologies are simply that – ideologies without a face. Christians have always maintained that the living Jesus can never be separated from his teaching as if it is an ideology. At the heart of this faith and promise of identity is not first and foremost a way of life but a person with whom you can have a relationship. The mode of relationship is also in line with the teaching and life he lived – laying his life down for others. This, in turn, is the model for Christians – in humility considering others better than ourselves. No other ideology or -ism in history has centred this self-giving relationship (not just ‘relationality’) at its heart, and has therefore ever been able to offer as deep and fulfilling vision of identity and fellowship. 

Will I be supporting England, the country of my and my parents’ birth, then? Of course I will. The call to die to yourself and the things that used to define you does not mean I can exist as a Christian without any other cultural framework that makes up my existence in the world. I am not a citizen of ‘nowhere.’ I was born in England, and have lived my life here. I understand certain cultural references, humour, enjoy certain foods. These are not bad things, and indeed create community and shared understanding. From this perspective, I will join with other English men and women to cheer Southgate and his team over the coming weeks. 

But what I will resist is some deeper meaning and identity in my nation where my life and all that is important to me are seen through its lens. My Englishness is there, it has some influence in my life, but ultimately it must be subservient to my identity in Jesus Christ. It is one thing among many that in New Testament language must be ‘put under his feet’. When there is a choice between serving my nation and serving Jesus Christ, I will always choose the later and assume there will be times when this choice is a real one. I will watch this summer’s Euros with members of my church who come from various nations of the world. We will join together without denying our respective nationalities and cultures – as we do every week – but in a manner where these cultures do not get in the way of genuine fellowship as we seek to embody what the Bible speaks of as a ‘new humanity.’