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Justice
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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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Untouchable: experiencing discrimination around the world

In America it’s in the headlines, while in India it continues to influence. Rahil Patel explores caste discrimination and finds out who helped craft constitutional protections for those affected.

Rahil is a former Hindu monk, and author of Found By Love. He is a Tutor and Speaker at the Oxford Centre for Christian Apologetics.

A group of protesters march behind a banner waving flags.
Supporters of the caste discrimination bill march.
Equality Labs

Cisco is a highly successful California based tech company. It has an annual revenue of $57 billion and boasts of many awards and prizes.  Great Place to Work placed Cisco at number one on its 2023 list. But what has this to do with caste discrimination? Well, 33 per cent  of Cisco’s 84,000 employees are of Indian origin and the company is struggling under a lawsuit currently upheld by the California Department of Fair Employment and Housing. The widely reported lawsuit is for caste discrimination against a Dalit (Untouchable) employee. The engineer has claimed to be paid less than his peers due to his low caste status.

Is this common? Well, the high caste Brahmin CEO of Google, Sunder Pichai (of Indian origin) has also faced allegations, raised by California based civil rights organisation, Equality Labs, of “caste bigotry” that is “running rampant” within his company. 

“You can take an Indian out of India but you can never take India out of an Indian.” This was the sorrow filled saying I heard amongst well meaning fellow Indians whilst growing up in the United Kingdom. It usually cropped up when my Indian relatives and friends were confused by the appalling attitudes of other fellow Indians and trust me, it was quite common.  

In October 2023, the Governor of California, Gavin Newsom vetoed a Bill to outlaw caste-based discrimination across his state. His decision was met with anger and rage from low caste Indian Dalits and from those who are fighting alongside them to ban discrimination amidst this rigid but ancient Hindu social structure. 

It may surprise us in the west that the city of Seattle in Washington State was the first city in the USA to outlaw caste discrimination followed by Fresno in California.  

But is this just a moral battle against an enemy that doesn’t really exist and a lame excuse to protest away with ‘Dalit Lives Matter?’ Or is there a tiny surreptitious fire carefully kindling away underneath the blinding smoke that mustn’t go unnoticed?  After all, we are in the west…right? Of course we believe in equality…right?  

The Swaminarayan Movement, America’s largest and most influential Hindu tradition saw the FBI raid it's temple compound in Robbinsville, New Jersey in 2021 for illegally importing Indians from India and illegally paying them below the national wage as well as confining them to the temple compound. The FBI raid rescued 200 workers who were largely from Dalit or Tribal castes.  

When I was training in India to be a Hindu monk I remember recognising the harsh reality of the caste system in one single moment. One day, after I had finished a conversation with a friend in the temple compound I turned to head back to my room when I saw a young boy waving to me far away from the temple gates. I waved back and gestured to him to come in and talk but he stayed rooted to the spot. A little confused, I walked over and asked, “why don’t you come inside the compound?”  

“I can’t.” He said,  

“Why?” 

“I’m  a Dalit…I can’t even touch you!”  

Thinking back over that mind numbing moment I can’t help imagine how hard it must have been for the woman in the Bible with the issue of blood who touched the hem of Jesus’s garment within the rigid culture of the time. The difference I guess is that Jesus turned to the broken hearted  woman and healed her and then called her ‘daughter’ and defined her real identity as a result.  

If the Dalit boy on the other hand came into the temple compound that day the security guards would have typically hit him with a long stick to drive him out of the temple gates. If he had touched me in the meantime I would have had to immediately go for a bath with all my clothes on and ensure that I didn’t touch any other human being or even a book or a pot on the way! 

PM Modi’s comment has a pernicious and curious undertone. If Dharma is first then one is obliged to follow the caste system diligently. 

Bhimrao. R Ambedkar was a brilliant economist and lawyer who studied at the London School of Economics. When his genius mind was called upon to draft the new constitution for independent India he was all too aware of how Hinduism was not so compatible with democracy. The idea of equality and dignity was evidently embedded into western institutions to his mind and Ambedkar knew very well that these ideas were founded on Judeo Christian principles, primarily, that all are created in the image of God. In other words, equal. Being a Dalit himself, Bhimrao knew the pitfalls of Hinduism’s caste system and the anarchical society it would create if the institutions left behind by the British were replaced with caste based ideas. As a result he crafted a constitution based upon Christian principles ensuring that all castes were allowed the opportunities and privileges from the state and its institutions by law. Sadly, although the state provided those privileges and protections by law in 1952 when the constitution came into effect, the society in India at large until this day does not. India exports it to the west as well.  

When the current Indian Prime Minister Narendra Modi gave his speech on National Human Rights Day in India a few years ago he emphasised to the nation that Dharma needs to be held first before Human Rights… if Dharma is pursued, he insisted, Human Rights would follow. Dharma simply put, is to pursue one’s duty and righteousness as according to Hindu tradition.  

At a quick glance here one is reminded of what Alexander Solzhenitsyn said during his Harvard Commencement Speech in 1978. He told his audience that it was time that the west upheld human obligation more than human rights. He had a valid point to state in a significantly individualistic culture which still prevails in the west but PM Modi’s comment has a pernicious and curious undertone. If Dharma is first then one is obliged to follow the caste system diligently.  

 

It has taken an incredibly long time to carve away at the negatives of the caste system in India but it is nowhere near the end. 

Krishna who is the most widely revered incarnation of God in the Hindu world told his disciple Arjuna to fight and kill his cousins and teachers on the battlefield of Kurukshetra as it was his Dharma to do so. As a Kshatriya warrior caste Arjuna was not meant to meditate in the forest but fight and kill, as is laid out quite clearly in the beginning chapter of the Bhagvad Gita scripture.  

Although the Gita scripture is quite a complex context to unravel here, in today’s India and in large parts of the west placing Human Rights behind Dharma can be quite dangerous. It somewhat validates the violence towards those of other faiths and endorses a dislike to those of a lower caste.  

The need for  individual freedom from caste based social structures in India was introduced to the British Parliament by William Wilberforce and Charles Grant in 1793. Interestingly, it was the same year that the cobbler-turned missionary William Carey snuck into India against the rules of the British East India Company. The company knew that if missionaries entered the country they would battle against the unfair social order and upset the high caste Brahmins.  And that would hinder their lucrative trade.  

Wilberforce and Grant along with other devout Christians fought in Parliament for 20 years until in 1813 a law was passed to allow missionaries passage into India. These men and women of God began to transform the subcontinent and provide education and health care for all castes. Teaching and training the Indian mind that God created male and female first (in his image) and they then created a social order as per God’s guidance whilst  cautiously deconstructing the idea of God creating a social order first and male and female after. 

It has taken an incredibly long time to carve away at the negatives of the caste system in India but it is nowhere near the end.  

Sadly, the caste hierarchy has infiltrated parts of the Christian faith in India too. Dalit Christians who are made in the image of God cannot enter certain churches.

What fascinates me however, is when a Dalit leaves India, in most cases, a lot of India leaves them! They are quite successful. In a society like India one is made to believe (in large part by the communities) that past life karma has destined the individual to be a Dalit and so one must continue to clean the gutters and carry away dead dogs. But when a Dalit enters into a land like the USA or  the UK where notions of equality and freedom are based upon Christian values the thinking of that individual changes drastically. A Dalit engineer filing a case against his seniors is inconceivable in large parts of the Indian community in India. 

But the issue of caste is not the domain of Hinduism alone. Buddhism in Sri Lanka and Myanmar is very much entrenched in a caste based order which is quite an irony as abuse of this social order was one of the main reasons Gautam Buddha established the faith.  

Sadly, the caste hierarchy has infiltrated parts of the Christian faith in India too. Dalit Christians who are made in the image of God cannot enter certain churches and where they can in some parts they are not allowed to sit in the pews but on the floor, at the back.  

Author E.M Forster lovingly did say that India is both a mystery and a muddle.  

The late Christian and author John Stott wrote in his book The Cross that Jesus was facing the most excruciating pain in the garden of Gethsemane not because of the cross and its horrific nails but because Christ was about to be touched by sin. God readily touches us even though we are untouchable.  

The relentless work by William Carey, Wilberforce, Grant and other Indian reformers began to change the Indian mindset primarily by introducing the notion of love and freedom at every level of Indian society. Do we have the will to continue respectfully that fight?