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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 

  

Article
Attention
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Digital
3 min read

When standards fail, what next?

Media’s fragmentation reflects our own shattered attention.

Jamie is Vicar of St Michael's Chester Square, London.

Seat on an underground train carraige, a passenger holds and reads a newspaper.
Evening Standard headline 2013.
Derek Key, CC BY-SA 2.0, Wikimedia Commons.

News about newspapers is never good news. So, the not wholly unsurprising announcement that London's daily Evening Standard will only be printed weekly comes with sadness. There are fewer commuters and those who are on the tube or overground are making use of the Wi-Fi. Even the paper's editor, Dylan Jones, recently admitted he never reads a print newspaper. These shifts are hardly breaking news anymore, but they do need us to take out our earphones and pay attention. 

Earlier this year, as if predicting the newspaper’s daily demise, Lord Hague wrote, 'Even a few years ago you would see, on the London Tube, a high proportion of people reading the Evening Standard, cheek by jowl sharing the commentary on the fortunes of the capital. Today, they sit with headphones on in their fragmented worlds.'  

Most of us haven't noticed, because our heads are down staring at our screens, but he's right. Hague argues that we should fight against the plight of local newspapers, but even a recent ‘editorial pivot’ to local London news couldn’t save its daily edition.  It's a newspaper known for pivoting a lot over the decades, but this is a step change. 

Losing the daily printing of a two-century-old institution is more than the end of an era. Even for someone like me who has lived in London recently, the change in our reading habits that Hague describes is one that is unmistakable. I'm sure I will look wistfully at the empty trays of newspapers, without the obstacle of a newspaper in my face as I descend the steps to the tube.

The people are what makes these institutions: whether it’s the bellowing by the tube at rush hour, or those who write the articles. Journalist Tom Leonard's sepia-toned reflection is that the Standard was 'the closest you could get in the real world to a newspaper in a classic Hollywood film, with reporters and photographers actually rushing out together on stories… and editors actually occasionally saying dramatic things like “hold the front page”.’ But we're losing more than nostalgia, and even more than the life-altering job losses. 
 

At the heart of that liberation wasn't agony-aunt good advice, but the heralding of good news for all people. 

We are going through the largest shift in information dissemination since the arrival of the printing press five hundred years ago. They called that the Reformation. What will they call this? The Fragmentation? Or the Liberation? Information is not always illumination, and the new world we are creating is indeed an increasingly fragmented one. There's the threat to democracy, as Hague soberly warns. Never before have we felt the need to hold power to account, yet without the focused resources to do so. 

And it's focus itself we're also losing. My scattered senses fling me to the urgent, rather than the important. They take me to ephemera rather than what really matters. Our attention spans drive us to snippets rather than stories, bitesize over background. It could be argued that rather than the power residing in the newspaper editor, the power is now in the hands of the person holding their phone, but let's not be naive about the quality and the neutrality of what we consume, and the echo chambers we're locking ourselves in. The power of the daily habit of reading what we will and won't agree with is the power of the printed press. Holding the Bible in your hands, in your own language for the first time was challenging, confronting, but also liberating. At the heart of that liberation wasn't agony-aunt good advice, but the heralding of good news for all people. This good news included repairing of the fragments that broke people apart from each other. It became the must-read. 

As we adapt to a new standard in news, perhaps some old news might reveal a new standard.