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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 

  

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Justice
4 min read

Data scientists should stop watching Minority Report and start watching The Shawshank Redemption

A justice ministry’s prejudicial database leaves no room for redemption.

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

Tom Cruise gestures with his fingers in an e-glove in front of his face
Tom Cruise takes the measure.
20th Century Fox.

The go-to for any news item about using AI to predict crimes before they happen is Steven Spielberg’s Minority Report from 2002, starring Tom Cruise as a futuristic cop, who employs human “precogs” as clairvoyants to get ahead of the villains. 

So, I’m far from the first to name-check it as showing the dystopian future that the UK’s Ministry of Justice heralds with its test project to “explore alternative and innovative data science techniques to risk assessment of homicide.” 

That use of “homicide”, rather than the more British “murder”, is telling, almost like the Ministry wonks have just watched the movie. The pressure group Statewatch has no doubt where they’re heading, with data being used on people who may never have been convicted of an offence and “will code in bias towards racialised and low-income communities.” 

Spielberg was always ahead of the curve. But my fear is less the chilling dystopia that Statewatch sees in its precog. Actually, I’m more worried about the past in this context, or rather in how we treat the past. 

If I haven’t to date done anything wrong, then I have committed no offence. I am literally innocent. And that’s an absolute. An interpretation of data that indicates that I’m more likely to commit a crime than others is neither here (in my conscience) nor there (in the judicial system). 

Furthermore, there’s a theological point. If it is so, as we’re told, that no one is without sin, then we’re all culpable in the pasts that we have lived so far, but the future contains all we have to play for.  

To suggest that some of us are more likely to screw up in that future than others is very dangerously deterministic. It’s redolent of Calvinism’s doctrine of the “elect”, those who have already been marked for salvation and eternal bliss, regardless of what they do or don’t do in this life, while the rest of us, however virtuous our mortal deeds might be, will rot in hell. 

Neither Calvin’s determinism nor the Ministry of Justice’s prejudicial database leave any room for redemption. They’re just trying to identify events that will definitely (the former) or are likely to (the latter) happen. Conversely, we live in hope (for some of us a sure and certain hope) of a future in which we can be redeemed, whatever we have done in the past. 

And that’s why I find Minority Report an unsatisfactory analogy for the development of real-life precrime technology. It is a film that is only about determinism, which leaves no room for either free-will or redemption. And that’s applying a form of intelligence that is truly, er, artificial. 

The vital thing is that hope is fulfilled, the prisoners make it to their paradise after worthless lives spent in jail. Justice is seen to be done.

A more helpful movie, richer in its development of these themes – and not just because it’s got the word that I favour in its title - is 1994’s The Shawshank Redemption, based on a novel by Stephen King. Here we have the idea explored that the past isn’t only irrelevant to our futures, but doesn’t even really exist in time in relation to the future. 

It’s bursting with more religious themes even than Clint Eastwood’s spaghetti westerns, which are really only the righteous saviour turning up to defend flawed goodies from evil baddies, again and again. For a start, The Shawshank Redemption is set in a prison, where whole lives are spent atoning for crimes that have or haven’t been committed. See? 

Lifers who are released after decades struggle to cope or kill themselves. The central character, a messianic figure, lives in hope with his convict friend of reaching a beach in the Virgin Islands, while the prison warden describes himself as “the light of the world”, but is assisted by his prisoners in money-laundering – washing clean – his ill-gotten gains. 

I could go on. But the vital thing is that hope is fulfilled, the prisoners make it to their paradise after worthless lives spent in jail. Justice is seen to be done. But the important thing here is that there is no pre-crime determinism. The future, which often looks hopeless, is rolling out towards the possibility of redemption, which ultimately becomes the only certain reality. 

One can dwell on movie plots too long. They are only, if you’ll excuse the pun, projections of life. But it is nonetheless irritating both that a government department with Justice in its title can believe it worthwhile to explore how it might deploy AI to predict who tomorrow’s criminals are likely to be and its critics condemn it by using the wrong dramatic analogies. 

Minority Report was a dystopian thriller that suggests that the future can only be changed by human intervention. The Shawshank Redemption showed us that inextinguishable human hope is in a future we can’t control, but can depend on.     

Anyone who is interested in justice, especially those who work in a ministry for it, might benefit from downloading it.  

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