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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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4 min read

There’s more than one way to lose our humanity

How we treat immigrants and how AI might treat humans weighs on the mind of George Pitcher.

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

A grey multi-story accommodation barge floats beside a dock.
The Bibby Stockholm accommodation barge in Portland Harbour.
shley Smith, CC BY-SA 4.0 , via Wikimedia Commons.

“The greatness of humanity,” said Mahatma Gandhi, “is not in being human, but in being humane.” At first glance, this is something of a truism. But actually Gandhi neatly elides the two meanings of humanity in this tight little phrase. 

Humanity means both the created order that we know as the human race and its capacity for self-sacrificial love and compassion. In the Christian tradition, we celebrate at Christmas what we call the incarnation – the divine sharing of the human experience in the birth of the Christ child.  

Our God shares our humanity and in doing so, shows his humanity in the form of a universal and unconditional love for his people. So, it’s an act both for humanity and of humanity. 

This Christmas, there are two very public issues in which humanity has gone missing in both senses. And it’s as well to acknowledge them as we approach the feast. That’s in part a confessional act; where we identify a loss of humanity, in both its definitions, we can resolve to do something about it. Christmas is a good time to do that. 

The first is our loss of humanity in the framing of legislation to end illegal immigration to the UK. The second is the absence of humanity in the development of artificial intelligence. The former is about political acts that are inhumane and the latter goes to the nature of what it is to be human. 

We have literally lost a human to our inhumanity, hanged in a floating communal bathroom. It’s enough to make us look away from the crib, shamed rather than affirmed in our humanity. 

There is a cynical political line that the principal intention of the government’s Safety of Rwanda (Asylum and Immigration) Bill, voted through the House of Commons this week, is humane, in that it’s aimed at stopping the loss of life among migrants exploited by criminal gangs. But it commodifies human beings, turning them into cargo to be exported elsewhere. That may not be a crime – the law has yet to be tested – but it is at least an offence against humanity. 

Where humanity, meaning what it is to be human, is sapped, hope withers into despair. When a human being is treated as so much freight, its value not only diminishes objectively but so does its self-worth. The suicide of an asylum seeker on the detention barge Bibby Stockholm in Portland Harbour is a consequence of depreciated humanity. Not that we can expect to hear any official contrition for that. 

To paraphrase Gandhi, when we cease to be humane we lose our humanity. And we have literally lost a human to our inhumanity, hanged in a floating communal bathroom. It’s enough to make us look away from the crib, shamed rather than affirmed in our humanity. 

That’s inhumanity in the sense of being inhumane. Turning now to humanity in the sense of what it means to be human, we’re faced with the prospect of artificial intelligence which not only replicates but replaces human thought and function.  

To be truly God-like, AI would need to allow itself to suffer and to die on humanity’s part. 

The rumoured cause of the ousting of CEO Sam Altman last month from OpenAI (before his hasty reinstatement just five days later) was his involvement in a shadowy project called Q-star, GPT-5 technology that is said to push dangerously into the territory of human intelligence. 

But AI’s central liability is that it lacks humanity. It is literally inhuman, rather than inhumane. We should take no comfort in that because that’s exactly where its peril lies. Consciousness is a defining factor of humanity. AI doesn’t have it and that’s what makes it so dangerous. 

 To “think” infinitely quicker across unlimited data and imitate the best of human creativity, all without knowing that it’s doing so, is a daunting technology. It begins to look like a future in which humanity becomes subservient to its technology – and that’s indeed dystopian. 

But we risk missing a point when our technology meets our theology. It’s often said that AI has the potential to take on God-like qualities. This relates to the prospect of its supposed omniscience. Another way of putting that is that it has the potential to be all-powerful. 

The trouble with that argument is that it takes no account of the divine quality of being all-loving too, which in its inhumanity AI cannot hope to replicate. In the Christmastide incarnation, God (as Emmanuel, or “God with us”) comes to serve, not to be served. If you’ll excuse the pun, you won’t find that mission on a computer server. 

Furthermore, to be truly God-like, AI would need to allow itself to suffer and to die on humanity’s part, albeit to defeat its death in a salvific way. Sorry, but that isn’t going to happen. We must be careful with AI precisely because it’s inhuman, not because it’s too human. 

Part of what we celebrate at Christmas is our humanity and, in doing so, we may re-locate it. We need to do that if we are to treat refugees with humanity and to re-affirm that humanity’s intelligence is anything but artificial. Merry Christmas.