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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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Politics
3 min read

When tradition deserves a break

Upsetting a convention caused uproar, so is it right to break with tradition?
A robed and seated man, in a speaker's chair talks and gesticulates.
The House of Common's Speaker.
Parliament TV.

“Nearly a quarter of a century has passed since a speaker of the Commons stood down from its high chair with dignity and to applause.” Thus wrote Andrew Rawnsley in the Guardian this Sunday. Last week the House of Commons erupted. An unedifying lava-spew of recrimination and anger flowed through the corridors of power as the Speaker of the House, The Right Honourable Sir Lindsay Hoyle, broke parliamentary convention to the seeming benefit of the Labour Party. Memories of his predecessors’ playing fast-and-loose with Parliamentary procedure pushed buttons. The SNP’s Gaelic fury founded a flurry of calls for the Speaker to step-down, and it was not until he gave a near-tearful apology that some calm seemed to be restored. Opponents cried foul - ‘how dare he upend the conventions of the House!?’ - while supporters jumped to his aid - ‘he was just trying to protect MPs from further harassment over the Israel-Gaza debate!’ - and everyone was unhappy…  

The technicalities of this convention (that multiple amendments are not called upon for voting during an Opposition Day Debate) are less interesting to me than the fact that the convention exists. ‘Convention’ is another word for ‘tradition’. Traditions are important. Our famously ‘unwritten’ Constitution relies heavily on tradition, especially for the smooth running of Parliament. Rather than having the process of legislating and governing micro-managed with procedural minutiae, the Commons operate on the basis of nurturing and conforming to its traditions. In essence, the House of Commons operates on the basis of respect - by respecting the traditions of the House, Parliamentarians grow to respect each other as fellow followers of tradition. Exterior action builds-up interior disposition. Practice influences sentiment. 

At least, that’s my romantic take on it. Traditions give some coherence to a society - from the society of elected MPs right through the society of a nation - and allow it to flourish. Traditions bind people together. Traditions unite. You may come from a different part of the country than your neighbour, have different family values, have a different religion or skin-colour or education-level, etc…but you can be united in the traditions you follow. Whether it’s having a roast on a Sunday, going to a Carol Service in December, singing Three Lions in a World Cup year, the traditions you share despite all other differences give you a common cause with those around you. 

This is not to say that traditions can’t have a dark side. Some traditions can alienate guests. Some traditions can stifle creativity and innovation. Some traditions can be maintained purely to bamboozle the uninitiated for the benefit of those in the know. In extremis, some traditions can lead to groupthink, to the othering of those who don’t share them, to jingoism and hatred; St Paul wrote that it was the zeal for the traditions of his fathers than led him to persecute the first Christians. Traditions should never be taken for granted or left unexamined. Traditions are roses - beautiful and sweet-smelling, but always in need of pruning. But let the gardener prune carefully - you want some roses left for the garden. 

When the scribes and Pharisees try to trick and trap Jesus with impossible thought experiments, they often quote their traditions. Jesus always wins the debate. He wins in the face of their traditionalism. He wins by being a radical. RADICAL! His radicalism is not marked by the abandonment of the concept of tradition, but by deep respect for it. The Sermon on the Mount is probably the most famous speech about the importance of tradition - “You have heard that it was said to those of ancient times…But I say to you…” - keeping the traditions of God in the face of the self-serving traditions of men. The scribes and the Pharisees are the White Witch to Jesus’ Aslan: ‘“It means,” said Aslan, “that though the Witch knew the Deep Magic, there is a magic deeper still which she did not know. Her knowledge goes back only to the dawn of time.”’ 

Not every critic last week will have genuinely cared about the traditions of the House of Commons. Many will have mouthed the words but would have happily stood by if the breaking of convention benefited them. Nevertheless, we must take tradition, and it’s breaking, seriously. Traditions nurtures the relationships of MPs. Traditions nurture the relationships of neighbours and fellow citizens. Traditions nurture relationship with God, as the traditional rhythms of religious practice and Church seasons help order prayer and worship. Perhaps we’ll look back on the upturning of this particular Commons tradition and recognise it as the right rejection of an outdated convention…but let's be cautious. Traditions are important. Break them with care.