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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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General Election 24
Morality
Politics
6 min read

Conviction politics is changing morality

Political dialogue gives way to animal-like culture war.

Barnabas Aspray is Assistant Professor of Systematic Theology at St Mary’s Seminary and University.

A severed doll head, resembling Donald Trump, lies on dirty ground.
Max Letek on Unsplash.

“We're gathering 100 MILLION signatures to OVERTURN Trump's wrongful conviction!” 

I received this SMS message, along with a link, on Monday 10th June. It was the fourth message of its kind I’d received since the verdict convicting former US President Donald Trump of felony. This time, out of curiosity I followed the link. I found a lot of words in capital letters conveying a sense of extreme urgency, but I did not find any evidence or argument for the injustice of the verdict. 

Trump’s conviction has been met with a torrent of reactions from people across the political spectrum. Everyone sees the event as an episode in the upcoming US election in which Trump plans to run for president. For those on the left, it’s final and conclusive proof that he is unfit for office; the evidence is clear, the courts have decided, end of story. For those on the right, it’s a further sign of the depraved depths to which the Democrats will go to discredit him; the jury was rigged, and the whole thing was a political stunt to win the election. The legitimacy of the court ruling is something nobody on the left questions and nobody on the right admits. 

To me, these responses are another sign of the ever-widening gap between left and right that eats up all common ground, even the rule of law. Political victory now takes priority over truth or justice – or perhaps more accurately: victory for my side is identical with truth and justice. To concede anything to the opposing side is seen, not as praiseworthy, but as betrayal.  

My comments in what follows are nonpartisan: I want to point to what is true of both sides equally: the failure of dialogue and its replacement by a warfare mentality. This change affects even what we consider moral and admirable behaviour. It is not only a problem in the US. Ever since Brexit, things have become increasingly polarised in the UK as well. 

That is what “culture war” means. War and dialogue are opposites; war is what happens when dialogue has failed.

Formerly in Western nations, rival political parties offered different means to achieve the same end: a flourishing society of justice, peace, prosperity, and freedom. Politicians disagreed but they respected each other. They had faith in the political process in which they all participated. Consider as an example the letter George Bush Senior left Bill Clinton after losing the 1992 US election.  

“Your success now is our country’s success,” he wrote. “I am rooting hard for you. Good luck.”  

The fact that he was now president was more important than which political party he belonged to. 

In such a cohesive society, the legal system was a trusted arbitrator whose decisions would be accepted by victor and loser alike. This does not mean the system was perfect. Everyone knew that justice could sometimes miscarry. But the public did not see themselves as qualified to judge that either way. How could they expect to know more than the jury? 

What we are witnessing now is a return to a more animal-like state in which the goal is that my team wins no matter what. If the arbitrator rules in favour of my tribe, they are seen as executing justice. If they rule against my tribe, their ruling must by definition be unjust. 

That is what “culture war” means. War and dialogue are opposites; war is what happens when dialogue has failed because both sides have been unable even to “agree to disagree.” 

Reasoned debate is seen as no longer effective in light of the vile underhanded tactics of the other side (but not, of course, of my side). 

In dialogue, both sides aim to uncover the truth even if the truth turns out not to be what I wanted or thought. Prioritizing the truth means that I might realise I was wrong and concede the point, even at some material cost. For example, in a property dispute, I might become persuaded of the truth of my opponent’s case and give up my claim. That may be painful, but winning was less important than justice being done. In dialogue, both ‘sides’ are really on the same side because they both ultimately want the same thing. 

In war, on the other hand, the goal is to defeat the enemy and it makes no difference whether they are right or wrong – or rather, it is assumed without question that they are wrong. If words are used in war, they are weapons in disguise, not meaningful communications. 

This transformation from dialogue to war changes morality itself. You are now judged, not by the sincerity of your pursuit of truth, but by how loyal you are to your tribe. Even to take seriously the opposing position is viewed like reading a propaganda flyer dropped from a Nazi airplane: don’t even read it, it will only twist your mind! 

Even seven years ago, fans of Jordan Peterson were fond of the phrase “all I want is to have a reasoned debate.” Regardless of your opinion of Peterson or of whether he exemplified this, those who used this phrase revealed a desire for dialogue rather than war. But today, many of those same followers no longer say that. Now they say, “the left is out to get us and must be stopped” and their counterparts say, “the right is out to get us and must be stopped.” Reasoned debate is seen as no longer effective in light of the vile underhanded tactics of the other side (but not, of course, of my side).

What do we want from our political opponents? We want them to listen to us and to take our arguments seriously. 

What role can Christianity have in this polarised society? Sadly Christians are often seen as part of the problem rather than the solution: sold out to one political party. But we should be clear that Christianity does not sit neatly on either side of the divide. That does not mean Christians should be moderate or “centrist,” as if none of the issues matter much. Christianity comes down strongly on many things, but those are spread across the political spectrum. The way Christians vote depends on which issues they judge to be the most important or pressing in the current circumstances. 

Second, Christians are called to make peace in time of war. “Blessed are the peacemakers,” Jesus said, “for they will be called children of God.” Christians are called build bridges rather than burn them, to seek common ground rather than trying to obliterate their opponents. This can start with showing love and respect for the person behind the argument; by celebrating our common humanity before trying to argue a point. 

Third, it means exemplifying the kind of attitude we want to see in our opponents. “In everything do to others as you would have them do to you,” Jesus told his disciples. What do we want from our political opponents? We want them to listen to us and to take our arguments seriously. We want them to stop making cheap caricatures of us and represent us at our best. We want them to break out of their echo chambers and read news from a variety of political leanings. We want them to open themselves to persuasion and be prepared to change their minds. Jesus suggests leading by example and doing those things first.  

Fourth and finally, the Christian’s allegiance is to truth and justice above any tribe, any agenda. The real political situation is almost certainly complex, with much to be said for and against both sides. There are awkward facts that don’t fit our own political position; let’s admit them. The Christian commitment to truth means being ready to acknowledge the weaknesses, failings, and faults on our own side before we point the finger. It’s hard, I know. I am not perfect at it myself. But it’s a more Christlike moral standard to aim for than that of the culture warrior who excels at demolishing the enemy.  

Restoring dialogue won’t be easy and may come at a high personal cost. But the cost is greater if we don’t try. My own desire is to see Christians taking the lead in the restoration process and showing the world what Christlike peacemaking can accomplish.