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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 

  

Column
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Film & TV
4 min read

It's a miracle that ITV's drama-docs tell gospel truth

What we need to ask of the well told stories that move us.

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

A doctor in blue scrubs stands looking exhausted.
Joanne Froggatt playing Dr Rachel Clarke.
ITV Studios/ITV.

ITV has reopened a debate over the value and validity of drama-documentaries, with two immensely powerful political serials. Breathtaking, set in hospital wards as the covid crisis hit the UK, concluded last week. Before that, Mr Bates vs. the Post Office did more for justice in a few hours for wrongly accused sub-postmasters, sacked and imprisoned for frauds that didn’t exist, than any number of leaden public inquiries stretching into a cynically can-kicking future. 

A regular refrain from doubters of drama-doc is to question whether events portrayed really happened. At the most extreme end of denial, invariably motivated by political self-interest, if a scene can be shown to be non-factual, then the whole thing can be dismissed as rubbish. 

I’m here to knock down that argument, not least because it has the most profound implications for people of faith and how they own their sacred scriptures. 

Truth is not only about events, but about love and hope and self-sacrifice and much else besides. 

Take Breathtaking, based on the book of the experiences of front-line doctor (and breathtakingly good writer) Rachel Clarke. There were more than a couple of scenes that I thought wouldn’t, indeed couldn’t, have happened in a factual reality. I can’t know, because I wasn’t there. But, importantly, I don’t care either, for reasons I’ll come to. 

These scenes related to the death from covid, contracted on duty as a consequence of inadequate PPE equipment, of a much-loved fellow nurse called Divina. A colleague reads cards from friends to her as she switches off the life-support machines, while our heroine consultant bears tearful witness. Later, all her colleagues gather, socially distanced, to watch a livestream of her funeral. 

If these events happened in real time, then I apologise profusely to Clarke and her team. But my guess – and this makes the drama even more heartbreaking rather than less – is that they simply wouldn’t have had the time. As with soldiers in a war zone, which is the regular analogy of choice, they were overrun by critical cases for whom survival was the imperative. They surely would not have had the bandwidth, as it were, to bury their dead.   

Why this doesn’t matter, indeed why it is vital that it doesn’t, is that drama addresses human emotions as well as human experiences. So it’s at least as important to express how it felt as to show exactly what happened. This isn’t manipulative, because truth is not only about events, but about love and hope and self-sacrifice and much else besides, all of which point to bigger truths about the human condition. 

Those somethings are miracles. So, ask not: Did it happen?  Ask instead: What has happened?

Not so long ago, you couldn’t bump into anyone from the digital marketing professions without them mooing on about “storytelling”, the idea that corporates and their brands need to frame their offers to market in an engaging narrative. 

I’ve always thought they were rather late to that party. So stories are important? Who knew? Similarly, journalists – or reporters at least – speak of their products as stories. And the good ones tell us something we don’t already know. But the effort here (or at least it should be) is to relate what is provably, factually true. 

This is rather different from the motivation of those of us with a religious faith, for whom Truth with a capital T points to something that transcends the demands of simple reportage. Yes, it’s about an emotional response, but emotions are human too. They’re also insufficient on their own for full engagement with the divine drama. 

The mystery of this drama is played out at church on at least a weekly basis in the Eucharist, when Christians come together in communion, as the mystical body of Christ and as if invited to his supper for the very first time. It’s not just an event or a re-enactment, it’s the drama of now and of the real presence (call it the real thing). 

Mystery is what the scriptures of the three Abrahamic faiths endeavour to address. For Christians, the life death and resurrection of the Christ; for Jews, the deliverance of God’s people and, for Muslims, the revelation of the Prophet. These are not just historical records, they are stories that explore the mind of God, the better to understand human existence. 

That’s to explore the miraculous, to allow room for miracles in human existence. At Easter, Christians will celebrate what we might call the big one: The resurrection of the Christ and the defeat of death. So, to that obvious question: What really happened? 

Well, something happened. Something so incalculably enormous that, within three days of the crucifixion, the utterly defeated and dispersed first disciples were transformed. Something so incomprehensible that they struggled to explain it with the language of simple reportage, though they tried. Something for which untold thousands were suddenly prepared to die. Something which was apparently defeated by worldly power, but is alive and well as the world’s largest religion two millennia later. 

Those somethings are miracles. So, ask not: Did it happen?  Ask instead: What has happened?  And the story is not only about what has happened, it’s really about how, emotionally and spiritually, we feel and respond to it.  

In short, we’re asked to give ourselves up to this drama-documentary. It’s breathtaking.