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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Nationalism

4 December 2023

5 min read

Geert Wilders: heir apparent to an anxious nation

The election of a populist has shocked The Netherlands. Wim Houtman unpacks the result and explores anxious attitudes among electors, particularly Christians.

Wim Houtman

Wim Houtman is a senior editor with Nederlands Dagblad, a Christian daily newspaper in the Netherlands.

A politician in a suit stands amid a scrum of reporters holding microphones

Geert Wilders is at the centre of media attention in The Netherlands.

Much has been made in recent years of the similarity in appearance - their hair dos especially - between Donald Trump, Boris Johnson and Geert Wilders. All three sport this striking blond head of hair, invariably cut in the same style - be it with loosely non-conformist locks or carefully eccentric waves.

It’s their trademark, it sets them apart - instantly recognizable. And it sends a message: Here is a leader who stands out, who doesn’t care what is ‘normal’ or ‘accepted’ or what others may think; he knows what he wants, he knows what you want and he will go for it.

Until a fortnight ago, Dutch politician Geert Wilders was the leader of a relatively minor party on the far right, with a strong anti-Islam, anti-immigration agenda. His populist Partij voor de Vrijheid (PVV, Party for Freedom) had been around since 2006, hovering between 6 and 16 per cent of the vote. But suddenly, on November 22nd, he scored a whopping 24 per cent, becoming the largest party with 37 seats in the Lower House of the Dutch parliament, way ahead of the runner-up, the left-wing alliance of social democrats and greens at 25 seats.

In the Dutch electoral system, this automatically gives Geert Wilders the lead in forming a new government. And here the problem starts.

Now he wants to cash in on his victory to finally and decisively put his stamp on the country’s policies. At 60 years old, it may well be his last chance.

So far, his party has been a wallflower in the political arena. Other parties have found his standpoints too extreme to bring on board. Today, however, looks very different. As the leader of the largest political party, Geert Wilders seems destined to become Prime Minister - at least he himself claims so. It would seem like going against the will of the people to stand in his way. But still, most other parties are reluctant to work with him.

In its leader comment the morning after, the Dutch Christian daily newspaper Nederlands Dagblad recalled what kind of party and what kind of leader the country had just elected to be its next PM:

‘Geert Wilders, who for years on end has branded democratically elected colleagues traitors to their country and a fake parliament. Who called the rule of law ‘corrupted’, after he had been persecuted and fined for collective insult. Who for years on end has hatefully offended entire sections of the population, because of their faith (Muslims) or their origin (Moroccan, Eastern European etc). Who wants to abolish religious freedom, leave the European Union, do away with the euro, end the military support to Ukraine, post soldiers along the nation’s borders, ban headscarves, disband climate policy and energy transition. Who wants to revert the apologies the King made last July for the nation’s slavery record. And so on, and so on.’

In the run-up to these latest elections, Mr Wilders ran a brilliant campaign in which he presented himself in a more moderate way, and pledged if he won, to be ‘the Prime Minister of all Dutch people’ - leaving aside the question what a person needs to qualify for being ‘Dutch’. Now he wants to cash in on his victory to finally and decisively put his stamp on the country’s policies. At 60 years old, it may well be his last chance.

But if he is to lead the next government, and be successful at it, he will need to go through no less than a ‘deradicalisation programme’, the Nederlands Dagblad commentator wrote: ‘That’s the kind of test you can pass, but also fail.’

From Dutch Christians, you might say, the response to the first election victory of a populist party came in stages.

At first, many of them were shocked, dismayed, and anxious. Their faith prompted them to strive for a government that will reach out to the poor, respect minority rights, care for the environment and welcome refugees. They had always known that Mr Wilders and his party had totally opposite ideas. But they had never expected him to gain any real political influence. Now, it felt as if they had woken up in a different country.

But once some of the dust had settled down, there came room for other considerations, too. Surely not all 2.4 million PVV voters could be classified as extremists. The size of its electorate puts it rather in the range of a mainstream conservative party. Many people had voted for Mr Wilders out of disillusionment with the established parties who had governed the country for decades - and rightly so.

It is one thing to say we must welcome asylum seekers, but it is another when you can’t find a place to live, because there is a shortage of affordable housing and refugees seem to get priority. It is one thing to say the government is there to support people who need help, but it is another when you experience you’re immediately suspected of fraud when you apply for a benefit.

So Christian voters, like the general public, seem divided: some are shocked by the election result, others feel that their concerns have finally been heard.

Up until 1967 Christian political parties had a majority in the Dutch parliament. Their support has shrunk steadily, but at this election it fell from 15 per cent in 2021 to no more than 7 per cent. And yes, some of their voters defected to the populist PVV.

‘We have loved the stranger more than ourselves’, explained one of them in the Nederlands Dagblad newspaper. ‘It is better to begin at yourself; from there you can help the world. That’s what Mr Wilders stands for’.

‘What decided it for me was the insight that this country needs real change’, commented another. ‘Not just some minor adjustments, but a firm pull to the right: a stronger policy on law and order, critical on the growing influence from Europe, battling poverty in our own country.’ Several Christians mentioned they had voted PVV because Mr Wilders is a keen supporter of Israel; they were worried about the anti-semitic tones in some quite noisy pro-Palestinian demonstrations because of the war in Gaza.

So Christian voters, like the general public, seem divided: some are shocked by the election result, others feel that their concerns have finally been heard.

The surprising election result seems to leave the country - and Christians in particular - with a couple of nagging questions.

How to avoid stigmatizing PVV voters, and recognize that their problems are real and deserve solutions that are real?

How to convince them that a party that has some anti-democratic tendencies and lives in denial of the big international and environmental crises cannot be the solution? And that care for the environment, refugees and the poor are authentic components of the Christian story, and not just after all of our own personal needs have been met?