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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 

  

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Eating
General Election 24
5 min read

Give us each day our daily bread

Why the political parties cannot understand farming.

James is a writer of sit coms for TV and radio.

A man stands looking baleful next to a row of red tractors
Jeremy Clarkson re-considering the farming life.
Amazon Studios.

Go to the Labour Party’s ten election pledges. Search for the word ‘farm’. I’ll wait. 

You’re not going to do that, are you? Fair enough. Let me tell you happens when you do. Nothing. You won’t find the word ‘farm’. That absence is revealing. 

Or is it? Am I just being parochial? I’m not a farmer, but the son of a farmer and raised on a dairy farm in Somerset. It was a relief to my parents that I didn’t want to follow them – and every other Cary throughout history – into the family business, as the good years were clearly coming to an end. My parents sold their herd of cows a few years before Mad Cow Disease. They bought sheep for a variety of slightly perverse incentives. After a few years they discovered sheep are the worst, since they find all kinds of imaginative ways to die. The only bit of luck they had on the sheep was selling them before the Foot and Mouth epidemic hit. 

Farmers in the UK have gotten used to being ignored by politicians, even though 70 per cent of the UK’s land is farmed. So what’s the plan for how over two-thirds of the country is going to be managed, given that Labour are certain to win? It’s hard to tell. 

I found a more detailed manifesto on the Labour Party website, based around five Labour policies called ‘Let’s get Britain’s future back’. Idiotic nonsensical slogans notwithstanding, I did find one mention of the word ‘farm’. But only once. And it was part of the word ‘windfarm’. Labour is more interested in the farming of wind than the farming of wheat, cattle or vegetables. That managed air might explain where their slogan came from. 

It is no wonder that the rural communities don’t trust Labour. According to FarmersGuide.co.uk, only 28 per cent said “they believe Labour understands and respects rural communities and the rural way of life”. But it’s not all bad news for Labour. The Tories are trusted even less, having dropped down to only 25 per cent. In short, the people in the countryside have no confidence in politicians. 

The reason agricultural policy gets so complicated is because we have a great deal of knowledge but no wisdom.

You need only to watch Clarkson’s Farm to understand why this is the case. Farmers have been subject to an enraging mixture of overregulation and political indifference. Some of this has been Brexit. Some has been bureaucratic incompetence. 

But there is another more fundamental problem. I discovered it when reading The National Food Strategy. This was a document courageously commissioned by the Conservatives in the hope that someone else would come up with some coherent policies for the countryside. It runs for hundreds of pages plus footnotes and sources and is an impressive piece of work. It pulls together issues around land use, food security, climate change, food inequality and obesity. 

These issues are all interconnected. In fact, they are interdependent. How can they not be? You have to consider them all together. But once you open these cans of worms you end up with all kinds of other questions about pesticides, genetic modification, food waste and the identity of the maniac canning worms in the first place. 

The reason agricultural policy gets so complicated is because we have a great deal of knowledge but no wisdom. We understand crops on a molecular level. We can design gigantic machinery to efficiently administer the correct dosage of pesticides to individual plants. We can theorise about animal bedding until the cows come home. But we can’t make decisions. That requires wisdom. 

Wisdom is discernment, choosing between two good things – or making a decision based on the lesser of two evils. We can’t do that, because we can’t decide what is very good, what is good, what is okay and what is evil. Everything is practical pragmatic politics. You do what works. Except how do you define ‘what works’? For whom? Based on what? 

Because we can’t make decisions, we end up having to balance entirely valid concerns about climate, obesity, food inequality, subsidies and the life cycles of bees. But we can’t do it. It’s too complicated. It produces anomalies and perverse incentives. The result is middle-aged men taking their own lives because TB-ridden badgers have ended up with more legal protections than tenant farmers. 

We would do well to look to our ancestors. They lacked our granular knowledge but they had wisdom which, according to the Bible, begins with ‘the fear of the Lord’. They ploughed the fields and scattered the good seed on the land. They understood that our food doesn’t come from our brains, our labs, our factories or our highly integrated just-in-time delivery systems. Our food comes from God. As the Psalmist writes: 

He makes grass grow for the cattle, 
     and plants for people to cultivate— 
     bringing forth food from the earth: 
wine that gladdens human hearts, 
     oil to make their faces shine, 
     and bread that sustains their hearts. 

Psalm 104

That’s why our predecessors ask for God’s blessing on their tools on Plough Monday in early January. It explains ‘Rogation days’ in the spring when the entire congregation would wander round the fields asking for God’s blessing. There was Lammastide when the harvest was beginning to ripen in early August. And every Sunday, the congregations prayed this central line of the Lord’s prayer: ‘Give us this day our daily bread’. 

Jesus was good at bread. He was so good, he didn’t even need wheat to make it. He could feed five thousand families from a handful of loaves. It’s interesting that avowedly atheist regimes – like Stalin’s Soviet Union and Mao’s China – end up with mass starvation. 

Our own society has turned its back on God. We have made ourselves gods. And after much consultation and two hundred pages of background and policy – plus foot notes - it turns out that food is a lot harder than we thought. Omniscience and omnipotence are really handy which it comes to a coherent plan for 70 per cent of the land in the UK. Rather than another National Food Strategy, let’s just have Psalm 104. Right now, our farmers are prepared to try anything.