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.

Edward Smyth

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.

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

Column

Atheism

Belief

Comment

12 April 2024

5 min read

Defining cultural Christianity

There’s already a backlash against Dawkins and the New Theists.

George Pitcher

George is a visiting fellow at the London School of Economics and an Anglican priest.

A speaker turns from the podium against a backdrop reading 'Centre for Sckeptical Inquiry

Richard Dawkins speaking at a sceptics event, 2022.

CSI

“Richard Dawkins says he’s a cultural Christian,” I said over breakfast.

“What’s that?” she asked.

I had a stab at it. “Someone who doesn’t buy the Christian faith, but likes hymns and churches and to live in a nominally Christian country, because it’s decent. Apparently.”

“So what’s new?” she said.

She has a point. I’ve just completed a decade as a rural parish priest and plenty of people came to church because it’s a respectable, middle-class thing to do. It’s as comforting as it is comfortable.

But cultural Christianity is a thing of the moment not just because of the pop-atheist Dawkins. To be honest, he’s struggled to retain his increasingly embarrassed atheist flock over the past decade, so in the public sense he’s not much of a trophy. But there are those of higher and more surprising profiles, who have come out for Christianity as the very essence of our culture and the bulwark against something much worse (for which read Islam).

The backlash against New Theism has been swift. And, strangely, most of it hasn’t come from humanists and atheists.

A key text for cultural Christians is Tom Holland’s Dominion: The Making of the Western Mind. It posits, inter alia, that Christianity is the foundation of our civilisation, even the bits that try to destroy the faith. Holland has more recently experienced a miraculous cure from cancer through intercession (which sounds suspiciously like deal-making prayer, but never mind).

Then there’s Ayaan Hirsi Ali, whose journey from Islam to atheism to Christianity traces her developing conviction that secular humanism is a reed in the wind against the threat to the West from militant Islam. Holland and Ali, among many others, including women’s rights activist Louise Perry in her apologia for traditional Christian morality, The Case Against the Sexual Revolution, fuel the enthusiasm of Justin Brierley for a new renaissance in his joyful book, The Surprising Rebirth of Belief in God.

Collectively, these are called the New Theists, who ride against the four horsemen of the atheist apocalypse (more accurately, perhaps, the four hacks of the new millennium), Dawkins, the late Christopher Hitchens, Daniel Dennett and Sam Harris.

The backlash against New Theism has been swift. And, strangely, most of it hasn’t come from humanists and atheists, but from what one might call established Christians. I have heard the likes of Ali and Holland called cosplay Christians and their faith derided as Christianity-lite.

Dawkins still says the Christian faith is nonsense, but who’s to say the spirit isn’t moving in him?

Robert Thompson, a north London priest, has posted that “we will be in the midst of Christian revival… when we actually reorder our lives around the abused Christ and raise the abused Christ’s body”. He argues against Brierley’s championing of London’s oldest church, St Bartholomew the Great, because it’s “the gayest church in town” (no, I didn’t follow this line of argument either) and critiques Brierley’s account of Holland’s witness (if not conversion) by comparing it with “the worst Easter Day sermon I’ve ever heard”.

I accept that this is a savage paraphrase in its brevity. But it’s all there and it comes not from any of the (now old) New Atheists, but from someone ordained to the priesthood. Meanwhile, Chine Macdonald, director of the Christian think tank Theos, writes in relation to his claims of cultural Christianity that “Dawkins isn’t actually a fully paid-up follower of Jesus” and that she’ll save her excitement over New Theists until they start “talking about the ways in which their lives have been turned upside down by the radical love of Jesus Christ.”

Frankly, all this sounds a bit snobbish and patronising, as if there’s a minimum bar for Christian entry, as if it’s cosplay Christians indulging in Christianity-lite. Sure, Dawkins still says the Christian faith is nonsense, but who’s to say the spirit isn’t moving in him? Frankly, I have people at my communion rail who say the same thing. And, to be brutally honest, I can count on one hand those of my very many Christian friends who claim that their world has been turned upside down by the radical love of Jesus Christ.

To be clear, Thompson and Macdonald have important things to say. Thompson writes movingly about his pastoral experience of cystic fibrosis patients in hospital, to take theological issue with Brierley for writing about “an unbiblical God who simply does not exist” as he waited with his patients “until they died… generally well before their 40th birthday.” No Holland miracle cures, please.

Macdonald writes usefully about the difference between the word “Christian” as an adjective and a noun, the New Theists being Christian adjectives in action. She also speaks of Dawkins’ talk of Christianity as a “decent” religion (as opposed to Islam) and his feeling “at home” in a Christian country as code for “whiteness”. To my shame, I hadn’t thought about that.

This would all be an ecclesiastical spat, like arguing about angels on a pinhead, if it weren’t for a darker danger beneath it. I think of former nun Karen Armstrong’s work on the dangers of religious fundamentalism when outsiders are excluded. In that context, I worry even more about those who claim that the New Theists are the work of “the enemy”, or Satan, because they “hollow out” our faith more insidiously than atheists.

In contrast to that, Bishop Graham Tomlin gave a sermon at Lambeth Palace the other day in which he referenced Dietrich Bonhoeffer’s claim to a faith that proclaims Christ at its centre, rather than worrying too much about the boundaries of the Christian community, which are always a bit fuzzy. I like that, because with fuzzy boundaries it becomes harder to exclude New Theists.

It’s tough being a Christian, whether new or old. When a rich young man comes to the Nazarene and asks how he can acquire the kingdom of heaven, he’s told to sell all he has, give the money to the poor and follow him.

None of us can reach that bar. But the implication I hold on to is that he’ll walk alongside us anyway. And that applies to everyone in this column, without exception. Now that’s what I call radical love.