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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
Politics
4 min read

Democracy and dairy don't mix

Let's remember the principles of political engagement.
A woman throws a milkshake at a politician, the milk is mid-flight in a curved shape.
Political engagement?
Twitter

Nigel Farage is best known for dividing opinion. It is for a politician like Mr Farage that we adapted ‘Marmite’ from a noun to an adjective - people either love or hate him. I’d like to think of myself as an elevated individual, floating above the fray of yeast-based debate with grace and equanimity. I find Mr Farage funny, because he is. I dislike much of what he stands for, because it is unlikable. It all balances out. I neither love nor hate him. I see him as a, somewhat amusing and somewhat problematic, bit of topography on the political map. I can’t really bring myself to have any feelings towards him which are stronger than a chuckling-wincing-indifference.  

Others, it would seem, have more passion. On Tuesday,  Mr Farage was doused in milkshake; ‘vanilla’, intrepid journalists reported. The response was immediate. Howls of laughter from those who find Mr Farage odious. Fulmination from those who support him. Claims of a ‘false flag operation’ from some. Shouts about ‘political violence’ and a ‘slippery slope’ from others. Much like the man, the milkshake roused the commentariat into absolute histrionics. Who on earth is right? 

The latter group. 

Obviously! 

Shock often elicits a laugh - a way of softening the tension one finds themselves inhabiting. It doesn’t mean the joke is funny. The milkshake wasn’t funny, however much some forcibly bray with laughter. It was an unkind, juvenile, contradictory act of foolishness from someone who seems to believe that true political engagement is dairy-based. It was also an attempt to set a precedent which no civilised person can accept. Those shouting about the ‘slippery slope’ are correct, for the ‘slippery slope’ is simply a phrase which is synonymous with the concept of ‘precedent’. 

I do not mean that we must treat our political class with kid gloves. We must interrogate their platforms, positions, and policies with rigour.

Precedents’ are fundamentally progressive. You set a precedent for something, and soon people wish to argue for a precedent which goes further. Be under no illusion, milkshake can very quickly become a much nastier and more dangerous liquid in the minds of many. The principle that those who are standing for elected office must be treated with absolute respect is one which is either absolute or non-existent. There is no in-between. 

I do not mean that we must treat our political class with kid gloves. We must interrogate their platforms, positions, and policies with rigour. If they propose an idea which we find deficient or problematic (or even odious!) then we must hold them to account and demand an explanation. This is the right (perhaps even the duty?) of all engaged in the democratic process. We can never, however, allow our passion and consternation to devolve into the physical. Language and action are inextricably linked, yet there is an obvious and distinct gulf between them which we must preserve at all costs. 

The milkshake incident might elicit a laugh at first, but I hope anyone laughing ends up frowning.

On the day the election was announced, the Archbishops of Canterbury and York issued a plea: put “…good grace and a commitment to truth and integrity…” at the heart of the campaign. We ought to demand this of our political class; but we can’t expect it of those standing for election if we do not practice it ourselves.  

Our elected representatives feel embattled like never before. The number of MPs standing down at this election is remarkable. The number who are calling for mandatory police protection of MPs is depressing. The number who have experienced threats and/or/of violence is unconscionable. The number who have been murdered in the last thirty years - two - is horrific and shameful.  

We will never get the best out of our MPs if we do not give them OUR best! 

If the Archbishops are not enough to convince you, perhaps Jesus will be. Jesus was faced with regular attack, both verbal and physical. He responded with love (‘turn the other cheek), verbal wit (render unto Ceasar that which is Ceasar’s), and, ultimately, loving sacrifice (the Cross). He also regularly reminds us that our actions inform who we are and will become: “Listen and understand: it is not what goes into the mouth that defiles a person, but it is what comes out of the mouth that defiles.” 

The milkshake incident might elicit a laugh at first, but I hope anyone laughing ends up frowning. Firstly, because it was vulgar, callous, and rude: it was everything a civilised democratic process ought to reject. Secondly, and most importantly, because it demeans and degrades us all as a culture. Every such incident which is tolerated at all sets a precedent which we cannot accept. 

Our political processes, flawed and hypocritical as they might sometime be, are intended to engender the fundamental principles of respect, integrity, and love of neighbour. If we see the meeting of Mr Farage and a milkshake as anything but disgusting, we are not worthy of such principles.