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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 

  

Essay
Belief
Comment
7 min read

Everyone comes from somewhere

Why young people need to understand the religious landscape.

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

A young person stands in front of railway station platfrorms and below a large informaton display.
Rostyslav Savchyn on Unsplash.

I had never been so self-conscious of being British. I had flown into Denver, Colorado and for the first time I realised that I had an accent. I had gone to study and a Canadian instantly knew I was a Brit. The locals were less clear. Some had me down as an Aussie, others guessed a South African.  

But it wasn’t only accents. I quickly learned the differences between us went much deeper. Private health care, guns and the separation of church and state were a whole new cultural landscape. They felt very strange to my British sensibilities that were accustomed to the welfare state, the absence of guns and an established church.  

My exposure to all things American began in the early 1990s. The sociologist James Davison Hunter had just published his prophetic commentary, Culture Wars: the struggle to define America. For those I was beginning to get to know, the campaigns to reverse Roe Vs Wade and ban abortion, along with active attempts to introduce prayer into the public school system highlighted the cultural differences between us. 

Likewise, they found it hard to comprehend that in England Religious Education (RE) in state-funded schools was mandated by Act of Parliament. That I considered this a bad thing mystified them. 

The world we are living in has changed. Issues around religion have become more critical than at any point in my lifetime.

Of course, RE itself had a chequered history. The 1902 Education Act provided state funding for denominational religious instruction, mostly benefiting the Church of England. Nonconformist churches were outraged at the thought of the established church indoctrinating their children. Methodists, Baptists and Congregationalists withheld their taxes and, by 1904, 37,000 summonses had been issued, thousands had their property seized and 80 had gone to prison in protest.   

Thankfully things have moved on. During the twentieth century denominational instruction evolved through several stages to the present world religions curriculum. 

Still, over the years I have consistently felt that our approach in the UK was in danger of proving ‘the inoculation hypothesis’ with regard to faith. That is, providing a small harmless dose of exposure to religion in childhood can effectively prevent the real thing developing in adults. 

Of course, faith-based schools and RE remain hot topics. Only this month the government launched a public consultation on removing ‘… the 50 per cent cap on faith admissions’. Warmly welcomed by providers like the Catholic Schools Service, it was condemned by Humanists UK and others advocating a fully secular provision.  

This line of contention has become a familiar one. On one side sit around a third of mainstream state schools that are church or faith-based, most affiliated with the Church of England. On the other are groups like the National Secular Society who correctly point out that the privileged position of church-sponsored education is not reflective of wider society. 

These positions have become entrenched over the years. Arguments are laced with rhetorical hyperbole and are often either ill-informed or merely raise strawmen arguments to symbolically knock down. We can no longer afford to be so self-indulgent.  

The world we are living in has changed. Issues around religion have become more critical than at any point in my lifetime. It is now more important than ever that we have a handle on it.  

And then there’s the frequent stereotyping of religion in the media. Off-the-peg religious reporting ‘templates’ are easy to use but are ‘lazy’ journalism. 

The invasion of Ukraine by Putin’s Russia is no mere materialist land-grab. To fail to take into account the theological dimension compromises any understanding of what is going on. The history of Eastern Orthodoxy and the Russian Orthodox Church help define the Russian identity that sits behind this conflict. 

In Israel, the bloody atrocity enacted on Israeli citizens by Hamas, and the brutal devastation wrought in Gaza by Netanyahu’s Israeli Defence Force are beyond words. But this conflict is theologically as well as politically fueled. Hamas embraces a militant interpretation of extremist Sunni Islam, while Netanyahu’s religious-nationalist coalition sees his Likud party kept in power by ultra-Orthodox parties and far-right religious factions.  

In India, the world’s biggest democracy, 970 million voters this year participate in an election stretching over six weeks. Yet this formally secular state has been travelling on a different trajectory. Yasmeen Serhan observed in The Atlantic that under Prime Minister Modi the ‘Hinduization of India is nearly complete’. 

And then there’s the frequent stereotyping of religion in the media. Off-the-peg religious reporting ‘templates’ are easy to use but are ‘lazy’ journalism.  

A leading newspaper recently carried instant opposition to the thought of Kate Forbes being a potential First Minister of Scotland because of her ‘traditionalist’ views. Somehow, her commitment in a BBC interview to defend the right to same-sex marriage even though it clashed with her personal views was insufficient. 

Across one of my social media feeds as I was writing this piece came a plea, ‘I’m proud to be British. I’m proud to be a Muslim. I am not a terrorist. Why don’t they get it?’ 

Maybe the American approach to religion goes a long way to explain something of their culture wars. 

But always there is America. And here’s where a penny unexpectedly dropped for me. If you keep religion out of schools, for many young people you deny them the tools, the ideas, and a framework with which to understand the religious dimension of life. This can have catastrophic implications.  

As G.K. Chesterton is reputed to have observed, ‘when people stop believing in God they don't believe in nothing; they believe in anything.’ 

Then, for those living within a practising religious home, the absence of religion in school heightens the possibility that their thinking is siloed purely in their own rarefied tradition. 

Maybe the American approach to religion goes a long way to explain something of their culture wars.  

If it's true that whatever happens in America inevitably makes its home in Britain, we need to sit up and take notice. More than ever, we need our young people to be adept at understanding the religious landscape. With the ubiquity of social media, the unseen influence of echo-chamber algorithms and the nefarious activities of those bent on radicalising the vulnerable, we need them to have the tools and skills to be aware, see and understand. 

This is what has caused me to think again and, surprisingly, change my mind. We need to draw a line in the sand on our historic arguments, disagreements and differences of conviction. The situation is more pressing. We need a reset.  

If democracy is not a zero-sum game where the majority gets to impose its will tyrannically on the rest, this has to be a way forward. 

The encouraging thing is that the groundwork for such a step change is already in place. In 2018 the Commission on Religious Education (CoRE) proposed a reconceiving of the subject as Religion and Worldviews. Their intention was to make it more appropriate and inclusive for the twenty-first century. For them, the ‘complex, diverse and plural’ landscapes of different religions and worldviews deserved both understanding and respect. Yet, students also needed to develop the ‘necessary critical facility to ask questions and challenge assumptions’. 

Such an approach embraces the insights and philosophical commitments of non-religious worldviews too. ‘Everyone has a worldview’, said the report. Nobody stands nowhere was the title of an excellent animated short film on YouTube produced by the Theos think tank. 

The truth is, ‘everyone comes from somewhere’. This is as true for secular humanists as it is for cradle-to-grave Anglicans, majority-world Pentecostalists and British-born Muslims. Helpfully CoRE defines a worldview as: 

… a person’s way of understanding, experiencing and responding to the world. 

The report maintained that it was vitally important that different worldviews were understood as ‘lived experience’. This was not just about abstract beliefs, doctrinal understandings and theoretical convictions. This was about real people, the lives they live and what is important and gives meaning to them. 

If living in a genuine democracy is about learning how to rub along together. If it is about understanding and respecting those who have a different take on life than we do, no matter how ‘odd’ it seems. If democracy is not a zero-sum game where the majority gets to impose its will tyrannically on the rest, this has to be a way forward.  

Given the challenges that face us, it seems to me that not to change our approach to RE would be negligent. Yet to remove all reference to religion from our schools risks our young people falling prey to manipulation, subversion and control by bad actors, misinformed activists and cranks. 

These would be the seeds of our very own culture wars.  

Personally speaking, I’d rather not go there.