Article
Comment
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 

  

Article
Comment
Politics
Race
4 min read

Claims of institutional racism let politicians off the hook

They need to be mindful of something else baked into our institutions.

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

A TV roundtable discussion with five people against a backdrop of Parliament.
Politicians and pundits discuss the Lee Anderson issue.

Racism charges have recently divided very neatly along political lines. Tearing chunks out of each other at the Despatch Box, prime minister Rishi Sunak and Labour leader Sir Keir Starmer have both bet their houses by playing the race card on each other. 

Starmer claims the Conservative Party wallows in Islamophobia, having withdrawn the whip from its former deputy chairman for stating publicly that Islamist extremists control the Mayor of London. For his part, Sunak, yah-boos back that Labour didn’t have a runner in the Rochdale by-election, after suspending its candidate for peddling an anti-Israel conspiracy theory.  

Rochdale was duly won by the famously pro-Arab former Labour MP George Galloway. Sunak wants us to hold that Labour is as antisemitic as it was under Jeremy Corbyn.   

So there we have it. Labour is antisemitic and the Tories are Islamophobic (not a good word, but the currency of the moment). Pick your prejudice and vote accordingly at the general election. 

Whatever the validity or otherwise of these claims, it’s in the interest of both parties to accuse their opponents of being rotten to the core with these attitudes. It doesn’t really work for them to claim that Sunak personally is an Islamophobe or Starmer an antisemite.  

This has to be about the whole political parties over which they preside. It’s really about institutional racism. So when a Conservative MP, Paul Scully, has to apologise for calling some parts of Birmingham and London “no-go areas” for non-Muslims, it’s taken as a reflection on Conservatives as a whole.  

Similarly, it’s an insufficiency to criticise particular journalists for their reporting bias; a former BBC director-general has to call the entire corporation “institutionally antisemitic.”  

The apartheid governments of South Africa were systemically racist, the Conservative and Labour parties – and the BBC which reports on them – are not. 

I have a big problem with these generalisations. The political parties contain racists of both kinds, antisemitic and Islamophobic, as well as very many members of no racism at all (thankfully). And I happen to know from personal experience that the BBC operates an informal policy of equal-opportunities bigotry – there are as many Islamophobes as there are antisemites in the organisation, though together they amount to a small minority (again thankfully). 

There is, consequently, no institutional racism in these places of work, though they are all rich in the employment of racist individuals because, alas, so is the world. 

Institutional racism was a term coined in the Sixties, but it really only gained traction as an indictment of the Metropolitan Police in 1999’s Macpherson Report into the racist murder of teenager Stephen Lawrence. 

I was uneasy with that terminology then and remain so now. Police officers are (or can be) racist; the constabularies for which they work are not. If they were so, they would train their officers to be racists – and they didn’t and do not.  

Their training may have been rubbish in all sorts of ways, but there is a world of difference between omission and commission. The apartheid governments of South Africa were systemically racist, the Conservative and Labour parties – and the BBC which reports on them – are not. 

Our politicians might be mindful of that, whatever their faith or none. And they might like to note some of the imperatives of its teaching 

Two matters stem from this. The first is simply that individuals are responsible for racist attitudes, not the organisation for which they work, although those organisations have a duty to call out racists in their midst. 

The other is to recognise what we are, institutionally and systemically. The UK’s uncodified constitution has two Churches established in law, the Church of England and the Presbyterian Church of Scotland. The monarch is the supreme governor of the former, as well as head of state. 

That is simply the way it is and, this side of disestablishment of the Church, it follows that (in England and Scotland at least) we live in a Christian country, however few of its inhabitants now attend its churches. In short, Christianity is baked into our systems and institutions. 

Our politicians might be mindful of that, whatever their faith or none. And they might like to note some of the imperatives of its teaching: care for the afflicted in the story of the Good Samaritan; the welcome of strangers in the report of the Syrophoenician woman who seeks crumbs from the table; the love of neighbour; Paul’s universalism. 

This (and much else besides) is meant, in law, to define who we are. We might expect an elected servant of the state such as Lee Anderson, the Tory suspended from his party for claiming a Muslim power grab of London, or Azhar Ali, the Labour candidate similarly booted out for claiming that Israel conspires to murder its own citizens, to know something of the national creed that defines our parliamentary democracy. 

That parliament doesn’t contain institutionally racist parties, any more than the BBC or our police forces are systemically racist. Rather, we should hold individuals to account, whoever they are. Because, ultimately, claims of institutional racism let individuals off the hook. Institutional Christianity does not.