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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11 December 2023

6 min read

For want of better words... the impact of the indescribable

Confronted with a question about belief, Henna Cundill found herself stumbling for words. She contemplates the link between our self-identity and what we can communicate.

Henna Cundill

Henna is a researcher with the Centre for Autism and Theology at the University of Aberdeen.

A woman stops in her stride down a street and pensively runs her hand through her hair as she looks to the side.

Joseph Frank on Unsplash.

I recently got into conversation with a young man who asked me, “Do you believe in God?” When I replied, “Yes,” I almost regretted it, because his next move was to ask, “Why?” and I found this question troublingly difficult to answer.

Of course, I could have dredged up the old philosophical arguments for the logical existence of God – but none of that would have really captured the thing I have no words for. Belief is like… Oh, what is it like? A glitch… no, a glimmer… no, like a glimpse of… No. Goodness. What is it? I’m lost for a word or even a metaphor that will somehow express what it feels to say “yes” and “I believe in God” and in that moment, even if only for a moment, to feel oneself transported or transposed out of this tiresome, human existence and into something that is... well, it’s something…

I think it's fair to say that conversations about believing in God are unusual these days, especially when the circumstance is an 18-year-old lad talking with a woman in her late 30s – albeit the lad in question was a philosophy undergraduate and we were at Cumberland Lodge, where such conversations are welcomed amongst those of all faiths and none. Even so, it still felt rather unusual to be asked a question like that, not out of hostility but just casually over dinner, and to see him genuinely and respectfully interested to hear what I might have to say in response.

Eventually I did come up with some kind of an answer; I can’t remember what. And naturally, I turned the question back on him. Turns out he did believe in God, in fact he was Jewish, so he stumbled out some kind of answer too, but I think it's fair to say that he was hardly more erudite than I was. Eventually, we both agreed that it was rather difficult to describe the indescribable, and our conversation turned to rather easier topics - the food, the weather, geopolitics...

There is a loneliness to the feeling that there is a bit of ourselves that cannot be valued because it cannot be shared, and it is hard to recognise a part of our inner world as ‘real’ and valid if it cannot be communicated and affirmed.

The question of believing in God was done with. Yet here I am weeks later, still pondering why it was so hard for me to articulate what it means to live with that belief, and why that part of the conversation ended, but still felt so unfinished.

Has faith always been so indescribable? I suspect it rather has not. These dark evenings always tend to lure me to my bookshelves, seeking out my “comfort books” that I read and reread year after year. Mostly cosy fiction of course, but alongside those, a non-fiction favourite is Sheila Fletcher's, Victorian Girls: Lord Lyttleton’s Daughters. The book is a fascinating study of a family of young women in the Victorian era, faithfully compiled from their own real letters and diaries, so that the voices of Meriel, Lucy, Lavinia and May Lyttleton themselves can all be heard clearly on every page. I just love to read this book over and over again, entering into the hopes, sorrows, loves and ambitions of these young women – so similar and yet so different to my own.

One thing that stands out particularly is how clearly and easily they each articulate their sense of faith. They were, of course, heavily schooled in Victorian public piety, but there is most certainly a real faith there too. A favourite passage of mine is an excerpt from the teenage diary of Lucy Lyttleton, recounting the day of her Confirmation. She speaks of a ‘nice and stilling’ drive to church, with her parents either side in the carriage, and then:

I seem to remember nothing very distinctly till I went up and knelt on that altar step, feeling the strangest thrill as I did so… and I know how I waited breathlessly for my turn, with the longing for it to be safe done, half feeling that something might yet prevent it.

Oh, to be so thrilled by a religious ritual, and to have both the words and the courage to write about it. After all Lucy, what if someone might be reading your diary 150 years later?

In mainstream society nowadays, most of us simply don't talk about faith, religion, and what it all means to us personally in that way. It’s not the done thing in a (presumed) secular society. Consequently, it is now very hard to write about it too. Yet, many philosophers in the past century have observed a link between our self-identity and what we can communicate. For example, philosopher Charles Taylor describes how our sense of ‘self’ is formed in “webs of interlocution” wherein what we take to be “good” relies on what we can effectively talk about, and thus have affirmed by those we talk to. If we turn Taylor’s idea around, might we say that when there are parts of ourselves that we cannot talk about, parts for which we cannot find social recognition and affirmation, then we cease to value those parts of ourselves as good, or may cease to recognise them at all?

With that comes a sense of isolation. There is a loneliness to the feeling that there is a bit of ourselves that cannot be valued because it cannot be shared, and it is hard to recognise a part of our inner world as ‘real’ and valid if it cannot be communicated and affirmed.

To me it feels that, as we talk about faith less and less, and as the language of faith becomes ever more confined, not even just to private conversations but to our own inner worlds, our “webs of interlocution” are beginning to shrink and disintegrate – until believing in God can feel more like dangling on a loose and solitary strand than being part of any kind of web. It’s a lonely place to be – there is a part of me that feels important, but no one can affirm it.

And yet, by simply asking the question of each other, and being ready to listen respectfully to whatever answer was forthcoming, it seems that me and a teenage lad managed to connect two lonely strands together. It was of no consequence that we worship in different faith traditions, or that neither of us really found the words to say what we wanted to say – a conversation took place, and a certain web of interlocution started to form. For some, reading this, there may be a feeling of resonance, or a moment of understanding, and perhaps that too adds a little to the web, as different people’s words and thoughts and experiences begin to connect across different times and places.

Webs do more than just create connection; webs capture things too. Perhaps, as this web spreads between different readers and thinkers and speakers, that’s what will happen to this question of believing in God. After a certain point, such a web may even become large enough and robust enough to finally start to capture some useful words, or an apt metaphor, that will really help me to say something about what it means to have faith. To be able to say it is to be able to share it, and in these lonely times, being able to say something is really not nothing.