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
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General Election 24
Politics
10 min read

‘Let your yeah be yeah’: when style supplants substance

The frustrating language of politics.

Roger is a Baptist minister, author and Senior Research Fellow at Spurgeon’s College in London. 

Rishi Sunak
Campaign slogans.
Newzeepk, X.

You know what it’s like. A catchy piece of music is going round and round in your head. You can’t stop it. You don’t know where it came from. And, if you did originally like it, you find yourself quickly going off it.  

Some call it ‘sticky music’, while others have labelled the phenomenon as ‘stuck song syndrome’. I prefer the more evocative ‘earworm’ as it ably expresses the experience of something both invasive and undesirable. 

On this occasion the tune was accompanied by its refrain, ‘Let your yeah be yeah, and your no be no, now’. Round and round and round it went. It’s not a song I know well, and I couldn’t even remember who sang it.  

Thankfully a quick google identified it as a top 10 single from 1971 by the Jamaican reggae trio, The Pioneers. Unfortunately, discovering that did not make it go away. 

It was not rocket science to understand what was going on inside my head. It was the first week after Prime Minister Rishi Sunak had called the election and the campaigning had begun in earnest.  

Now it’s not that my instant reaction was to do a ‘Brenda from Bristol’. Brenda, you will remember, became an internet sensation in 2017 for her memorable outburst when Teresa May called a snap election. She exclaimed, ‘You must be joking, not another one!’ No, I’m to be found more at the aficionado end of the political spectrum. 

Still, I have been finding myself increasingly exasperated over recent years. I don’t think my irritation is just about getting older and becoming more grumpy. But I do find myself frustrated by what politicians do with language and the words they choose to use. I’m annoyed by the strategies they adopt as they justify themselves and the rhetorical devices they surreptitiously employ to bolster an argument. 

Inside I find a deep longing for people to say what they mean and mean what they say. Is it too much to ask? Of course, there’s the root in my psyche, ‘let your yeah be yeah, and your no be no, now’. 

It’s not that this is some kind of naïve desire for politics to become what it never can be - some kind of genteel, educated, middle-class debating society.  

The very nature of democracy has passionate argument at its very heart. We don’t wrangle over what we agree on and hold in common. Democracy obliges our leaders to be in a mindset of perpetual persuasion towards us. 

No, for me, the nub of the problem is when emotive words are chosen to make a point that the substance of an argument can’t. Or, when rhetorical sleight of hand is deployed on an unsuspecting audience, much like the misdirection of a magician in creating the illusion of magic. 

Style supplants content and soundbites replace substance that has depth and an evidential basis. 

This is nothing new. It has been a part of our public life in the West since the classical era of Aristotle, Plato and Cicero. It was the English rhetorician Ralph Lever who, in the sixteenth century, attempted to translate the key concepts of Aristotelian logic into English in his The Arte of Reason, rightly termed, Witcraft. That is, ‘witcraft’ – the art, skill or craft of the mind, NOT ‘witchcraft’: though some might see that as an apt descriptor of the dark arts that classical rhetoric can enable. 

Aristotle, however, was clear in his understanding that the function of rhetorical skills was not to persuade in and of themselves, but rather to make available the means of persuasion. The substance of an argument was always to be more important than the manner in which it was communicated. 

It is hardly a revelation that the world of contemporary comms has been birthed in a brave new world of technology. As the American media theorist and cultural critic Neil Postman pointed out, the advent of TV introduced entertainment as the defining principle of communication and what it takes to hold our attention. 

Amusing Ourselves to Death: Public Discourse in the Age of Show Business was Postman’s 1985 era-defining commentary of how things have changed. Gone are the 2-hour long political ‘stump’ speeches and hour-long church sermons. Style supplants content and soundbites replace substance that has depth and an evidential basis. 

The speed of the internet, the ubiquity of social media and the omniscience of the algorithms have only served to distil and intensify the phenomena that Postman was concerned about. That recent history has witnessed the success that has accompanied the media experience and understanding of Boris Johnson and Donald Trump, only serves to underline the prescience of Postman’s observations.  

The ability to cut through the surrounding cacophony, engage an audience and then hold their attention long enough to communicate something of value is challenging to the nth degree. This has merely served to ramp up the intensity, exaggeration and immediacy of political speech. To impact us it must evoke an emotional response. In this anxiety and fear are the most effective drivers. 

Former Labour Prime Minister Harold Wilson was quite clear in his assessment that ‘a week is a long time in politics’. We might now consider a day, or even an hour, to be the operative chronological measure. The news cycle can turn very quickly indeed. 

Yet the underlying dynamics of communication remain. Rhetoric remains supreme. Political machines have become the masters of ‘spin’ and of the art of gaming the opportunities, language and positioning presented by contemporary media. 

As voters we should always be highly sensitive to what’s being communicated when a speaker talks about ‘us and them’, ‘ours and theirs’, ‘we and they’.

All this is in a context in which it is estimated that those in middle age have consumed an average of 30-40,000 hours of TV and some 250,000 advertisements. Britain is a media savvy society. Yet for all of this sophistication in media consumption, I remain fearful of how aware my fellow citizens are of the techniques that inform contemporary political messaging. 

The former Speaker of the House of Representatives in the United States, Newt Gingrich, provides a helpful case study. Back in 1994 he produced a notorious memo to Republican candidates for Congress entitled ‘Language: A Key Mechanism of Control’.  

Following extensive testing in focus groups and scrutiny by PR specialists he highlighted around 200 words for Republicans to memorise and use. There were positive words to associate with their own programme and negative ones to use against their opponents.  

The positive words he advocated included: 

opportunity… control… truth… moral… courage… reform… prosperity… children… family… we/us/our… liberty… principle(d)… success… empower(ment)… peace… rights… choice/choose… fair…  

By contrast, when addressing their opponents: 

decay… failure … collapse(ing)… crisis… urgent(cy)… destructive… sick… pathetic… lie… they/them… betray… consequences… hypocrisy… threaten… waste… corruption… incompetent… taxes… disgrace… cynicism… machine… 

Careful choice of words can then be layered with other strategies to construct a highly sophisticated political message.  

At a most basic level come the ever popular ‘guilt by association’ and its twin sibling ‘virtue by connexion’. Are migrants portrayed as ‘sponging off the benefits system’ or ‘filling recruitment shortfalls in the NHS, social care and industry’? Is British culture under threat of being overwhelmed or enriched by cultural diversity? 

Integral to this use of language are the various methods of ‘virtue signalling’ to a particular audience and the infamous ‘dog-whistle’ subjects and phrases to call them to heel. Tropes and labelling also play their part. On labelling, the nineteenth century statesman John Morley powerfully denigrated the practice by suggesting that it saved ‘talkative people the trouble of thinking’.   

As voters we should always be highly sensitive to what’s being communicated when a speaker talks about ‘us and them’, ‘ours and theirs’, ‘we and they’. By implication who is ‘in’ and who is ‘out’? We should be aware too when more general arguments are made that leave us, as listeners, to fill in the blanks. This hidden rhetorical manoeuvre gets us ‘onside’ by leading us to intuitively believe that the speaker agrees with us. Along the way they haven’t defined what ‘responsible government’, or ‘critical priorities’ or ‘British values’ actually are. Instead, they have left for us to supply our own definition, ensuring our agreement and support. 

To these can be added the ever more common practice of ‘gaslighting’, where information or events are manipulated to get people to doubt their own judgment, perception and sense of reality. And then there’s my favourite that the Urban Dictionary defines as a ‘Schrodinger’s douchebag’. Especially popular among populist politicians, this is where an outrageous statement is made and the speaker waits for the audience to respond. Only retrospectively do they declare whether they meant what they said or were only ‘just joking’. 

It's perhaps no surprise that Rhetorical Political Analysis is actually a thing. Academics study it and political journalists use it to sniff out any hint of obfuscation. Depressingly, in the media, this frequently descends into an unholy game of ‘bait and trap’. Politicians, for their part, then become much more guarded as they seek to side-step a ‘gotcha’ move, whether merited or not. 

… the truth will set you free’, he said. Free from the ducking and diving around our half-truths and fabrications.

So where does that leave the aspiration of ‘Let your yeah be yeah, and your no be no, now’? It may be surprising to some that The Pioneers’ song about a troubled love affair is directly quoting Jesus’ Sermon on the Mount. But Jesus’ focus is not about romance here. 

What he is talking about is truthfulness, authenticity and integrity. Say what you mean and mean what you say. For Jesus, truth and truthfulness was at the very centre of his own identity. Indeed, in Christian theology Jesus is the ‘word made flesh’, the ‘exact representation’ of who God is and what he is like. Jesus then advocates what he embodies: an alignment and integration of who we are, with what we say and what we do. 

This has to be the foundation for authenticity and integrity. These are the very principles that are so highly prized in the political arena, and yet so quickly abandoned in the maelstrom of the conflicting demands of public life.  

Jesus advocated living a truthful life, not least because of its liberating outcomes, ‘… the truth will set you free’, he said. Free from the ducking and diving around our half-truths and fabrications. Free from the fear of being found out or the implications of the ever-deepening holes to be dug. Free to be ourselves and have all the bits of our lives fit together as one. 

This has to be the principle to live by, the standard to benchmark, the way of life to aspire to. It’s no coincidence that integrity and honesty are two of the seven Nolan principles that inform the UK government’s Committee on Standards in Public Life

But the fact is we know the world to be a complicated place. We are not always the people we long to be. In the church’s liturgy the prayer of confession calls out our challenges. We miss the mark ‘through negligence, through weakness, [and] through our own deliberate fault.’ 

The reality is that, while we aspire to be the best that we can be, we also need to be alive to alternative realities. Our political processes can throw up flawed actors, bad actors and nefarious actors. They present very differently, yet we must always read through what is being communicated to access what is being said. 

Life is complicated. There are many different ways to legitimately tackle the issues that we face as a country. Always there are trade-offs. Frequently the future turns out to be different to what has been predicted. Ultimately there are too many variables. 

The 2024 General Election has proven to be refreshingly different. Neither Rishi Sunak nor Keir Starmer are as natural or charismatic in front of a camera as some of their predecessors.  

It rained on the Prime Minister when he announced the election without an umbrella and the day after took him to the Belfast shipyard where the Titanic was built. Such gaffes are reassuringly human. Labour’s tragically cack-handed approach to Diane Abbott and whether she could stand for election as MP for Hackney North & Stoke Newington where she faithfully served for 37 years is in a similar vein. 

Yet, through it all it is worth noting Laura Kuenssberg’s comments for the BBC. 

Both leaders inspire unusual loyalty among their teams. They are often praised by those who work with them as being warmer than they appear on camera: staffers describe them as decent family men, who take their jobs incredibly seriously and work incredibly hard. 

I find this remarkably encouraging. In the meantime, that song keeps going round in my head. 

‘Let your yeah be yeah, and your no be no, now’.  

Please make it stop.