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.

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

7 February 2024

6 min read

Northern Ireland’s imminent danger is distraction

Distraction damages much more than your concentration. Its consequences could cost Northern Ireland its future.

Andy Flannagan

Andy Flannagan is an author, organiser and musician.

Smartly dressed politicians sit or mill around a round table.

Rishi Sunak with the leaders of the Northern Ireland Government.

Prime Minister's Office.

Should you be reading this article right now? Are you meant to be working? Perhaps you’re working from home with the glorious ‘freedom’ that brings? Forgive me for judging, but it’s just that I know myself all too well. Dear reader, I must confess to you that in the course of writing this article I have already ‘cut away’ to cricket scores or my fascinating chess match with covidchessfun34 more than a few times. We are an increasingly distractable people. But you’re here now, so whether you landed here through word of mouth or social media, welcome. Much as you would (I am sure) love me to deconstruct yours and my individual psychology and boundaries, my hopefully more important point here is that distraction also operates at a political level.

It’s been a frustrating few years for the people of Northern Ireland. Which when placed on top of the devastating history of the last 50 years seems a tad cruel. Just when the Good Friday Agreement seemed to have pulled off a miraculous balancing act on the high wire of a divided island with contested history, Brexit came along to throw off NI’s centre of gravity. It was in fact thrown off to such an extent that NI was left just trying to cling on, balance and survive, rendering no forward progress possible. Sadly, the circus metaphor seems appropriate in more ways than one.

Given that context, you can appreciate how the people of Northern Ireland felt this week when Prime Minister Rishi Sunak flew into Belfast and attempted to educate them. He urged the newly formed Northern Ireland executive to focus on ‘things that matter’ rather than constitutional change. With hospital waiting lists that rival Sierra Leone and some roads that rival, well, Sierra Leone, I think that folks in Northern Ireland get that ‘things that matter’ are the things that matter. Of course, what the Prime Minister is talking about is Northern Ireland’s obsession with the elephant in the room - the border, or the desired removal of it. We don’t just talk about the elephant in the room. We study her in minute detail. We build brand new scientific devices just to study her. So, to be fair to the Prime Minister, ‘Don’t get distracted by the border’ is at a surface level an important thing to hear. Especially as Northern Ireland’s new First Minister Michelle O’Neill has not been shy about putting a United Ireland firmly on the agenda in her first days in office.

Condescension from someone that knows more than you is challenging, but condescension from someone who knows less than you do really grates.

But what has grated the good people of Northern Ireland is that this sermon to not be distracted by constitutional change was delivered by one of the chief exponents of Brexit – the biggest constitutional upheaval for Northern Ireland in a generation. The time spent and the regulatory gymnastics involved in trying to do a job of Brexit damage limitation for Northern Ireland has sucked the political energy and life out of these last seven years in Belfast and beyond.

None of us enjoy condescension. It is that annoying thing that happens when people know more about a subject than we do and lord it over us. But what the people of Northern Ireland have had to endure in this last decade is being lectured by the Jacob Rees-Moggs of this world about the wonders of Brexit, when it became patently clear to most Northern Irish folks that not only had the particular challenges of NI not been fully considered but that even senior Brexit-supporting politicians didn’t actually understand the logistics how NI currently operated within the EU. Condescension from someone that knows more than you is challenging, but condescension from someone who knows less than you do really grates. And that’s only the nuts and bolts we’re talking about. Probably more detrimental was the ignorant blind spot around identity and psychology that was exposed. A palpable lack of knowledge was exposed regarding how the Good Friday Agreement combined with EU membership had created a remarkable ‘safe space’ in Northern Ireland where people who wanted to feel Irish could feel Irish and people who wanted to feel British could feel British. Condescension feels even worse when it seems that people don’t understand your circumstances or care about you.

The force(s) of darkness are not idiots. They don’t waste time for most of us tempting us with the big stuff. In short, they try to distract us.

So, I put it to you that the consequences of distraction can be large. Those of us with Irish DNA need to hear the challenge that our obsession with the border has led to us not loving our neighbour as ourselves and stolen decades of healthy existence from our island. But might it be wise to at least consider that the distraction of Brexit has stolen and may continue to steal decades of focus on climate change, strengthening family life, healthcare, immigration, economic justice, international peacebuilding, and maintaining local service provision from local councils. In short, ‘things that matter’.

The temptation is to see distractions as whimsical, temporary things. We think, “ah that quick scroll through Facebook or Instagram may make me less efficient, but it won’t kill me”. But that is exactly how temptation works. If you believe in an invisible battle between good and evil (and I do), then there are some dynamics that are worth considering. If there is a person or an impersonal force tempting me, then it is unlikely to tempt me to do things that are socially and culturally inappropriate in my world. I am not likely to be tempted to murder someone this morning. That would be an inefficient tempting strategy. But it would appear from the state of the world that whoever is in charge of tempting is actually quite good at it.

That’s why I believe we are more usually tempted not to swing dramatically one way or the other but by a small shift of the needle. Just a little bit more than the day before. Not tempted to kill someone but tempted to score that point in a social media discussion. Not tempted to rob a bank, but tempted to ‘creatively’ adjust small increments in our tax reporting. Not tempted to commit adultery, but tempted to linger too long in a conversation or on a website.

The force(s) of darkness are not idiots. They don’t waste time for most of us tempting us with the big stuff. In short, they try to distract us. Just a little wander off the main path. Won’t hurt anyone. Won’t take up much time. Except that habits form and unhealthy practices and opinions start to solidify, and ever-so-subtly the wheels may start to come off. Multiply that by a few million people and a whole country can end up hacking through gorse and bushes rather than driving on the track.

Sure, a marriage can be patched up after innocent distraction becomes a porn addiction, but there will be wounds and scars. We need to acknowledge and repent to allow healing. The people of Northern Ireland know all too well that real reconciliation needs the hard yards of repentance and forgiveness.

My prayer for the new Northern Ireland executive is that they can avoid further distractions and keep the main thing the main thing. At present only seven per cent of young people in Northern Ireland attend an integrated school. That means that the vast majority of people are growing up not getting to know kids from the other side of the religious divide. In that vacuum the fear, ignorance and prejudice can fester. Our own secret apartheid. That would be one place to start.

Speaking of which. Get back to work.