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Justice
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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.

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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Sarah Everard: she was 'exactly like us'

An anniversary of anguish deserves the miracle of our attention.

Belle Tindall

Belle is the staff writer at Seen & Unseen and co-host of its Re-enchanting podcast.

A woman looks down slightly, smiling.
Sarah Everard.
BBC/Everard Family.

This week, three years ago, we’d been shut in our homes for nearly a year and things were anything but normal. I don’t know about you, but when I think back to those locked-down days, it’s all a bit of a haze, those weird weeks tend to blur into one.  

Except this week, that is. This week, three years ago, was a wholly different story.  

We, the public, had just learnt that Sarah Everard, a thirty-three-year-old woman in South London, had been abducted, raped and murdered by Wayne Couzens, a serving police officer in the Metropolitan Police. And the news of this heinous crime took our breath away. Do you remember it? How you felt when you learned what had happened to Sarah?  I can remember the anguish of hundreds of people ringing out from Clapham Common, reaching every corner of the country. I can remember that, legal or not, nothing seemed to quell the outrage that was drawing people to the vigil being held there. All that grief, it had to go somewhere.  

The anger that night was so visceral, it feels like it’s still in the soil of the Common. The fear, so palpable, it still lingers in the air. And at that point, we didn’t even know the half of it. ‘She was just walking home’ - That’s the sentence, isn’t it? The one that haunted those days, weeks, and months.  

Three years on and we’re no closer to coming to terms with what happened. Not really. In the wake of the recent Angioloni Inquiry, which concluded that Wayne Couzens should never have been allowed to become, let alone remain, a police officer, the BBC released a documentary that follows DCI Katherine Goodwin’s story as she led the investigation. From first seeing the bulletin of a missing young woman, to hearing the ‘whole life’ sentence come down on Couzens – viewers are walked through the whole thing, step by step. What led up to Sarah’s death, and what followed it. It’s something that we should all see, even though we’ll immediately wish that we hadn’t.  

Because it would be hard to unsee the grainy footage of Wayne Couzens standing next to a handcuffed Sarah on the side of a busy road, abducting her while his hazard lights flash, all of it so sickeningly hidden in plain sight. It would be harder still to unhear the victim statement from Sarah’s mum, who admitted that every night, right at the time of the abduction, she silently screams ‘don’t get in the car, Sarah. Don’t believe him. Run!’.  

All of it, it’s just so hard to know.  

The details are hard to think about, and harder still not to think about. But that’s the point, I suppose. I remember what philosopher Simone Weil wrote,

that ‘capacity to give one’s attention to a sufferer is a very rare and difficult thing; it is almost a miracle… it is a miracle’.

I’m just not used to a ‘miracle’ making me feel so nauseous. In theory, Weil’s words are beautiful, in reality though – they ache.  

I don’t tend to acquaint a feeling of utter helplessness with the miraculous. Where my understanding runs dry, my answers falter, and my tears flow – those aren’t the places I expect to see anything of any use, spiritual or otherwise. 

But Weil goes on:

‘…it is recognition that the sufferer exists, not only as a unit in a collection, or a specific from the social category labelled ‘unfortunate’, but as a man (or woman), exactly like us, who was one day stamped with a special mark by affliction.’  

Sarah Everard – her memory, as well as the people within whom her memory is most vivid, and her loss most keenly felt – deserve the miracle of our attention. Then, now, and for many years to come. We continue to grieve her, the woman who never made it home, as if we each knew more of her than her name. And that’s a beautiful thing, a human thing, a sacred thing. Because Sarah was more than her name, and she was more than her death. And so, she must be grieved as such, with our eyes fixed on the beauty of who she was, and the tragedy of who she will never be.  

And it’s tricky, because you can’t tidy up lament, can you? There’s no silver-lining, nothing to polish. You can’t put a neat bow on despair or grief. 

And then there’s Weil’s ‘exactly like us’ line to grapple with. And grapple with it, we do. The knowledge that it could have been any of us is ever-present. As a woman, I feel it every single day. If male violence against women is a spectrum - 1 being a wolf-whistle as we walk down the street, and 10 being death – the truth is that most of us will only ever face experiences that sit on the lower end of that scale. And yet, we are ever aware that 10 exists and that we could encounter it at any point. So, we are on the lookout for it. We are alert, always.  

Sarah walked home a specific way that night; not the quickest route, but the best lit.   

That’s what we all do. ‘Exactly like us’, indeed.  

Lament; I suppose that’s what this feeling in my stomach is. And maybe yours too. It’s a feeling that goes beyond the rage I feel toward the monstrous perpetrator, and the institutions that failed to stop him, and so many others. It’s a kind of wordless grief that things are the way they are, agony that we live in a world that hurts this much, despair at how things could have been so different. I felt all this three years ago, when I heard about Sarah’s death. And I felt it last night, when my sister walked home from my house in the dark with her hood up so that she was less distinguishable as a woman walking alone.  

And it’s tricky, because you can’t tidy up lament, can you? There’s no silver-lining, nothing to polish. You can’t put a neat bow on despair or grief, and you can’t pull yourself out of it by your own bootstraps. And that’s not to be defeatist, or to relinquish our responsibility to enact justice and fight for change. On the contrary, lament is rooted in the knowledge that things can be, and should be, better. But to try and find a way to solve the outrage we feel when it comes to the death of Sarah Everard is to completely misunderstand it, and ourselves, and reality. 

Bad things hurt. 

So, although writing this piece has been hard, I’m at least comforted in the knowledge that it was supposed to be a hard piece to write. And that the queasiness I feel and the tears that are threatening my professional resolve are the evidence of some kind of miracle that I don’t fully understand.  

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