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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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Morality
Politics
6 min read

The moral sugar high of the protest vote

We shouldn’t give politicians bloody noses over insurmountable single issues.
A winning candidate at an election address the audience from a lectern while the loosing candidates look on
The victorious candidate at the Rochdale by-election.

A cat was elected as a Member of Parliament. A cat. George Galloway - former Labour party MP and Rula Lenska’s former cat - has been elected as Member of Parliament for Rochdale. The unique circumstances of the by-election make this a less surprising result than one might think. The Labour Party disowned their candidate, the Tory Party hardly contested the seat, and the sheer number of inappropriate independents meant that a split-vote victory for Galloway was entirely foreseeable. One must also note Galloway’s many skills: as a campaigner, an orator, and a dirty-tactic by-election gadfly. 

So…Rula Lenska’s cat did the unimaginable and won a seat in Parliament. How did the cat do this? He convinced people that they could vote for him to protest the current Parliamentary position on the Israel-Gaza War. In his victory speech, Galloway gave an ominous warning: “Keir Starmer…this is for Gaza.” He went on to intimate that his victory was due to the high proportion of Muslim voters in Rochdale; their disgust at the Labour Party’s response to the Israeli invasion of Gaza morphing into a wish to give Keir Starmer (‘one cheek of the same backside’ - Rishi Sunak being the other cheek) a bloody-nose. He warned that Starmer “…will pay a high price for…enabling, encouraging, and covering for the catastrophe presently going on in occupied Palestine, in the Gaza strip.” 

My fellow voters are intelligent enough to recognise that the single addition of George Galloway to the green benches will do almost nothing to affect change. They have voted so, the general consensus goes, simply to register their fury at the plight of ‘fellow Muslims’. I simply want to respond with a question. Is this moral? 

People vote for all sorts of reasons. If we believe political scientists and pollsters, voters might care about many things, but will end up voting on the basis of one thing. Normally the economy. One’s own economic interest is a perfectly rational reason to vote for one party’s promises than another. There is a potential immediate impact on our lives and those of our family and friends. But Gaza? 

Sociologists have spilt a tremendous amount of ink describing how human communities tend towards ‘tribal’ affection. We tend to feel more connected to those who are like us - in terms of geographic location, in terms of obvious racial characteristics, in terms of language and culture, of course religion. The notion that the Gazan War is a war on Muslims would be a natural driver for the Muslim community of Rochdale to vote ‘for’ their fellow Muslims.  

On the other hand, in the world of modern ethics there has been a move to recognise that such tribal allegiance is ultimately meaningless - a call to see all human beings as equally worthy of our care and attention, especially irrespective of geography. Peter Singer famously presented the thought experiment of a drowning child - if we are willing to get our shoes wet and muddy to save a drowning child we walk by a shallow pond, why aren’t we willing to give up some of our wealth to alleviate the war-stricken poverty of a Gazan child many miles away?  

The people of Rochdale must vote as their conscience requires. I simply worry that their conscience has taken on an impossible burden of care that they will struggle to sustain.

The words of Jesus seem to support such an ethic, which is always global in its vision. We are not only to love our neighbour as ourselves, we are to go out into all the world, evangelising the nations. From its beginning the Christian faith has preached that loving our neighbour means loving everyone. Everyone is a beloved child of God. Everyone is our neighbour. Surely a vote for Galloway, a vote of rage against the occupation of Gaza, is fundamentally moral - either on grounds of tribe, or rejection of tribe. Surely its Christian!  

I’m not so sure. 

I’m not so sure we fallen humans actually have the capacity to ‘care’ about the horrors that go on many, many miles away. Jesus tells us to love our neighbour as ourselves, but we barely have the emotional energy to love ourselves. We live in a society of such activity and distraction - with a seemingly concomitant rise in the incidence of hopelessness and depression - that I don’t think we can really give our moral and emotional energy to an event as distant and overwhelming as the plight of Gazan civilians. We can barely give it to our families. We can barely give it to ourselves. C S Lewis once wrote that the best way of eradicating suffering was people working away quietly at limited objectives: “I think the art of life consists in tackling each immediate evil as well as we can.”  

Jesus was the ultimate localist - God became incarnate as a unique individual, of a particular tribe, of a particular nation, in a particular time and place. Jesus taught an ethic of universal love and dignity and respect, but lived out in specific acts of service. He didn’t wash the feet of all Jerusalem - just his disciples. He didn’t heal all disease everywhere and forever - but he did restore sight to the few blind people he met. St Paul wrote individual letters to individual communities. Yes, he asked them to pray for him and each other, but otherwise told them to focus on their immediate needs and charity and holiness. The popularity of Jordan Peterson is largely based on the achievability of his slightly nebulous self-help worldview: make YOUR bed, keep YOUR back straight, look after YOUR family. Improve yourself first if you want to even begin improving the world. You’ll probably never manage to improve more than your village…maybe only your own household. That might be enough. 

I don’t judge those who voted for Galloway as a Gaza-conflict protest.  A new campaign, ‘The Muslim Vote’, has emerged to persuade Muslim voters to lend their support to candidates who commit to ‘Peace in Palestine’ – ceasefire, sanction Israel, and a state for the Palestinians. It is becoming clear that what appears to have happened in Rochdale may well happen in constituencies up and down the country. The idea of the ‘Muslim vote’, which Galloway was able to turn into electoral victory, is being given form and force. It is emotive and persuasive, and may well convince people who have no link to Gaza other than their Muslim faith. It is entirely possible that some of the voters have family and friends trapped in the siege. I empathise with their vote and weep for their sorrow. 

I don’t judge those who voted for Galloway as a Gaza-conflict protest. I do, however, worry that many have taken upon themselves a fundamentally unwieldy ethic. Galloway is not a one-man parliamentary wrecking ball - whatever he says. The position of the Government will not be changed by his election. The resolve of the Israeli military is unlikely to be dinted by the UK Government, no matter what resolutions the House of Commons passes. The people of Rochdale must vote as their conscience requires. I simply worry that their conscience has taken on an impossible burden of care that they will struggle to sustain. Perhaps they would be more fulfilled and more effective if they cast their vote on the basis of what could be achieved for them in their community, in the immediate future.  

We must pray for the people of Gaza, and we must not cease praying; but I would suggest that we must vote in the interests of the people of our own place, our own constituency. Giving the Labour Party a bloody nose over Gaza might be an immediate moral-sugar-high. Electing an MP who will actually work for the needs of the community in their particularity will certainly be less instantaneously thrilling - but maybe it is more moral.