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
Ambition
Comment
General Election 24
Politics
5 min read

Is it really time to “go for the jugular”?  

How to handle political enemies.
A screen grab of a news paper report with a headline and picture. The headline reads: 'Go for Keir Starmer’s jugular to rescue campaign, Rishi Sunak urged'.
The Times' 16 June headline.
The Times.

As the election campaigns trundle down the hill to election day, poll trackers have shown little meaningful change for weeks. Amongst my friends and acquaintances, I can find barely anyone who is bothering to read the campaign coverage. No doubt, news editors are just as bored as we are with the same-old, same-old. Perhaps it is they who are leaning on commentators to spice up their language, saying things like it is time to “go for the jugular”. Are they straining for headlines by provoking candidates to stop waving manifestos and start lobbing personal attacks? (And did anyone stop to consider the irresponsibility of such language, following the awful, violent murders of MPs Jo Cox and David Amess?)    

It is very uncomfortable to have enemies, which only makes it all the more astonishing that anyone ever goes into politics – professional enemy-making, if you will. And there is an incredible subtlety to the business. As a politician, one needs to be a convincing enemy to one’s enemy, but at the same time, a convincing friend to one’s enemy’s friends (in the hope that they might switch their allegiance). Then, if elected, one must serve a whole constituency, including many ‘enemies’ who didn’t actually vote for you, and probably never will. In such a complicated game of gregarious gymnastics, and with the ever worrying rise of violence and threats against MP’s, how on earth does a politician maintain any reasonable sense of safety and of self? 

An enemy who has lost his temper is one of the few people that you can trust to tell you the truth about yourself. 

Reflecting on this, I wonder whether the game of politics gives a fresh insight into those very famous words that Jesus once said: “Love your enemies.” This instruction has long baffled and inspired the great thinkers of this world. Why would Jesus say such a thing? Some focus on the way in which loving one’s enemies benefits the lover. Desmond Tutu, for example, said, “Love your enemy: it will ruin his reputation.” Or Mark Twain, somewhat more cynically, said, “Love your enemy: it will scare the hell out of them.” There are many others I could quote here, but the general theme is one of power. Loving empowers the lover to keep going in the face of hate, and it is surely the only way an MP can get through the day, serving so many people who didn’t actually vote for them.  

But looking at those who speak of enemies, there is another general theme that can be identified, one which pre-dates Jesus’ command to love enemies, and one that is to do with the way in which they help to define us. The Greek Philosopher Antisthenes is reported to have said that an enemy who has lost his temper is one of the few people that you can trust to tell you the truth about yourself. As a thinker, Antisthenes was famously cynical, one who very much subscribed to a “what doesn’t kill you makes you stronger” kind of vibe, even welcoming ill-repute because it could help one to grow in virtue.  

Given the popularity of Greek Philosophy in the first century, it is possible that many of Jesus’ listeners had Antisthenes pithy advice, or something like it, in the back of their minds when Jesus uttered his famous words. Of the many ways to understand “love your enemies”, some may have heard it as a reminder that enemies do us a kind of service. They help us to define ourselves, giving a profound (if somewhat uncomfortable) reflection of how we appear to others. Of course, enemies are biased. Like a distorted mirror, they over emphasise our bad propensities and overlook the good. But taken in the right spirit, this serves as a foil to our friends and acquaintances who may well distort the uncomfortable truth about ourselves in the opposite direction.  

Perhaps it is no bad thing for our politicians to admit their mutual enmity – not in the sense of tearing each other down but in the sense of sharpening each other up... 

As a young adult, I was given the advice not to fear enemies, but to divide them up into two categories: enemies in residence and enemies in exile. The exiled ones are the ones who are simply dangerous or nasty – the bullies, the gossips and those who may tend towards violence. To love these people is to pity them and to pray for them, but also to keep them far enough away so that they cannot do you harm. Enemies in residence, however, are the useful ones. These are the enemies that you keep just close enough so that you can hear what they have to say. They will scrutinise your words and your actions, they will cast doubt on your motivations, and they will scoff at your ambitions. All of this is both miserably uncomfortable and highly valuable, sowing just enough seeds of self-doubt that you check yourself, analyse yourself and strive to be the best that you can be.  

Perhaps Antisthenes was on to something: when it comes to harsh critique from enemies, what doesn’t kill you does indeed make you stronger. And perhaps this is one of the ways to interpret Jesus’ words, “love your enemies” – in the sense of loving what they do for you in terms of personal growth. If this is the case, then perhaps it is no bad thing for our politicians to admit their mutual enmity – not in the sense of tearing each other down but in the sense of sharpening each other up, of spurring each other on to be the best, most clearly defined versions of themselves that they can be.  

So, it is fine with me if there are enemies in politics: a person with enemies is a person who knows who they are and what they stand for. Enemies should, as Jesus advised, love each other enough to do the job properly and fairly – (this is no inlet for cowardly keyboard warriors). But even so, I didn’t care for the cheap, headline-grabbing phrase “go for the jugular” – it all sounds unnecessarily violent. As much as we and our politicians should love one another enough to be enemies, let us not love one other to death.