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 

  

Review
Comment
Politics
4 min read

Truth decay: lying will destroy us

The British way of doing things extends to more than an unwritten constitution. Simon Burton-Jones argues it includes how we lie.

Simon is Bishop of Tonbridge in the Diocese of Rochester. He writes regularly round social, cultural and political issues.

A Pinnochio figure stands on a window sill beside some net curtains.
Milk Chan on Unsplash.

"Why are things so ***t?"

This was the question veteran journalist Gavin Esler was asked as he walked down a Devon street one day by a member of the public who recognised him. It was a very British kind of question, crudely expressing a common underlying feeling. Esler has set out to answer it in his book: Britain Is Better Than This. It isn’t a pretty picture and will be contested. When a government has been in power for thirteen years, blame for the current state of affairs is hard to refute. There are some who do, but not many these days.  

Gavin Esler’s previous book, How Britain Ends, looked at the demise of the Union, propelled by Brexit. Esler himself was a member of Change UK, so his position as a remainer is well documented. Scotland’s vote to remain contrasted sharply with an English nationalist vote to leave. Northern Ireland’s fragile peace was put greatly at risk by deepening the divide between the island’s north and south. As a political movement, the Conservative and Unionist Party seemed to defy their name. 

Telling fibs in politics is as old as politics, but he and others identify newly organised patterns of lying; untruths being told as a deliberate strategy.

Britain Is Better Than This exposes the lack of a codified constitution as a developing risk. The UK’s deliberately vague and amorphous unwritten constitution has often been a source of its proud exceptionalism. We do it differently because we can, and we pull it off. Esler notes the almost sacred tones in which this is expressed.  It is a mystery, using rarefied, opaque language similar to eucharistic liturgy to inspire reverential awe. But when the constitution is essentially unwritten, commentators rather than judges take precedence as interpreters. And there is elasticity: the constitution is what those with power say it is at any given moment. The Crown, the government and the State seem to be used interchangeably, according to the need. If this has worked in the past, it is because of Britain’s ‘good chap’ theory of government, so called because whatever uncertainty may prevail, decent, well-educated, public-spirited people can be relied upon to make it work. 

Esler’s point is that the cracks are showing, and more people are poking their fingers through the holes to make them bigger. The Queen’s proroguing of Parliament in 2019 at the request of Boris Johnson was ruled unlawful by the Supreme Court, showing the system can rectify issues, but it also demonstrated the risk of future, unscrupulous leaders exploiting those cracks. Benjamin Netanyahu’s attempted curtailing of judicial power in favour of executive authority has set a model which others may follow. Esler’s case for a written constitution and also for electoral reform to introduce fairer systems of proportional representation are not panaceas and he while he recognises this, he prefers them.   

As a journalist he is on assured ground in the assessment of what the Rand Corporation has termed truth decay: the growing ascendency of the lie in public debate. Telling fibs in politics is as old as politics, but he and others identify newly organised patterns of lying; untruths being told as a deliberate strategy. This is murky territory for the democratic world. Across global, digital media, we disagree more about facts, blur fact and opinion, prefer personal experience to facts and trust historic sources of information less. Esler’s wants to see media literacy taught more effectively, as Nordic countries do. Deep fake technology is only going to make judgments harder.  Courses and syllabuses with a ‘media’ prefix are still considered unserious in some circles, but without this kind of literacy, Britons may become prey for some ugly predators. 

We have an uneasy, open marriage with the truth in public and in private (where research shows we all lie far more than we realise). 

In 2020, the Edelman Trust Barometer put the UK in twenty-seventh place out of twenty-eight OECD nations for trust in democratic institutions; only Russia lay below. Britain’s mythical capacity for ‘muddling through’ is based in part on our ability to ignore bad news until we can do so no longer; kicking the can down the road may be a truer expression. Gavin Esler has done us all a favour by showing what is at stake. The book’s opening question: Why are things so ***t?, however, only takes us so far.  By the end we may know why. What we are able to do about it is the defining question. 

In 1998, Jonathan Freedland’s book Bring Home The Revolution struck a nerve. The UK was transitioning from a tired government to a younger, more energetic one; the tech revolution was taking off, millennial optimism was off the leash. Freedland believed the time was right for the UK to become a republic with a written constitution like the USA. A lot has happened since then, and where Freedland’s book captured the hopefulness of the time, Esler’s feels more like a lament; a cry for a better world in the face of the facts. 

His implicit call for us to live in truth (as the late Czech president Vaclav Havel would put it) carries most conviction. We have an uneasy, open marriage with the truth in public and in private (where research shows we all lie far more than we realise). The traction of ‘my truth’ rather than, more accurately, ‘my story’ may show how close we have come to a precipice.  My truth does not set me free. If we believe the truth sets us free, we also get what David Foster Wallace meant when he observed: 'the truth will set you free, but not until it has finished with you'. Words Christ perhaps left unsaid. Big ideological changes are not afoot in Britain today, but culture is formed of a million daily interactions, where the glue of trust sticks and the power of imitation prevails. Telling porkies when others don’t becomes a tougher gig.