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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.

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.

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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Race
5 min read

How reconciliation underpins acts of reparation

The case for reparations is criticised for looking too much to the past. Anthony Reddie argues that the ancient roots of reconciliation are vital for today’s debate.

Anthony Reddie

Anthony Reddie is Professor of Black Theology at the University of Oxford, and Director of the Oxford Centre for Religion and Culture.

A diagram plan of a slave ship showing hundreds of body outlines.
Diagram of the ship ‘Brookes’ from Regulated slave trade: reprinted from the evidence of Robert Stokes. (London, 1849)
Lambeth Palace Library.

Reconciliation is the key theological motif that runs through the scriptures and across Christian Tradition - Reconciliation between God and humankind, reconciliation between human beings across the cultural, social, political, ethnic and economic divide, reconciliation between our warring selves within us. 

Paul’s writings form the earliest documented texts in the New Testament canon. His writings are full of references to God’s reconciling work in Christ on the cross. This theme, however, needs to be read in terms of Jewish thought. This will correct the over-spiritualising of this in Christian practice. 

To make sense of the notion of reconciliation one also must understand the Jewish antecedents that inform Paul’s writing, given Paul himself was a Jewish man. In the Hebrew scriptures and in Jewish thought, atonement and salvation are collective and corporate concepts. This is very different to much of what constitutes post-Reformation Evangelical Protestantism where the emphasis is on individual salvation in Christ, by grace, through faith. 

The Hebrew Bible traditions of the Sabbath and Jubilee were moments for system re-set and dismantling inequalities which had accrued. 

Essentially, being in right-standing with God necessitated that one should be in right relationships with others. In fact, one could argue that it appears to be the case that one cannot be in a right relationship with God unless you were doing right by the other. The above can be seen in the Old Testament book of Leviticus. The early verses of its sixth chapter clearly state the notion of restorative justice for that which was wrongly taken and used, which is described as a “sin against God”. 

One can also see this concept or formula evident within the book of Deuteronomy 15:12–18. The key is verse 12 which states:  

“If any of you buy Israelites as slaves, you must set free after six years. And don’t just tell them they are free to leave – give them sheep and goats and a supply of grain and wine.”  

As Peter Cruchley’s work on the Zacchaeus Tax campaign has shown, the Hebrew Bible traditions of the Sabbath and Jubilee were moments for system re-set and dismantling inequalities which had accrued. They were moments of breaking the cycling, ongoing basis of debt and economic enslavement. It’s worth reminding ourselves that not one penny has been given to any of the descendants of enslaved Africans for the wrong done to them and yet Christian communities in the West still want to talk about redemption that is affirmed by their Judeo-Christian roots! 

Understanding the scriptures in their historical context enables Christians to discern a theological pattern for using money and other resources for enacting restorative justice. Modern interpretive theories on how we read biblical texts take full account of the fact that the New Testament was written within the context of the Roman Empire, where the Emperor claimed divine honours which faithful Jews could not affirm. Today’s reader must recognise that the context in which ALL of the New Testament canon was composed was one that echoed to the restrictive strains of colonialism and cries for justice against oppression. Judea, in which Jesus’ ministry was largely located, was an occupied colony of the Roman Empire. 

Contemporary scholars have shown that in the Jewish tradition, issues of reconciliation, redemption and salvation have a corporate ad a collective dimension to them as well as an individualistic one. 

Scholars such William R. Hertzog II have shown the extent to which wealth in the Roman Province of Palestine was always connected with economic exploitation. So, when Jesus challenges the ‘Rich Young Ruler’ to follow him, he says this in knowledge that the young man’s accumulation of wealth was not amassed in a neutral context. The reason why this encounter is so compact is because both the Rich Young Ruler and those first hearers knew the expectation of how he should behave. 

The Three Cs (commerce, civilisation and Christianity) were the underlying rationale on which the British Empire was based. The Three Cs were coined by David Livingstone (a London Missionary Society ‘Old Boy’) in Oxford in 1857. The exporting of Christianity via the European missionary agencies in the eighteen and nineteenth centuries was largely undertaken under the aegis of empire and colonialism. Christian mission, therefore, has had a difficult relationship with non-White bodies or the ‘subaltern’ for centuries as they are the ‘other’ and have been exploited for economic gain. There was no ethic of equality between missionaries and the ‘natives’. 

One can see that Jesus’ teachings around wealth and its relationship to discipleship and living the “Jesus way” has political and economic implications. Scholars such as Musa W. Dube, Catherine Keller, Michael Nausner and Mayra Rivera, have all shown the similarities between first-century Palestine, the slave epoch of the sixteenth to eighteenthcenturies, the eras of colonialism and our present globalized, postcolonial context. Each context is based upon imperialistic/colonial expansion, capital accumulation, forced labour and exploitation of the poor by the rich. 

Pharaohs on Both Sides of the Blood-Red Waters is the title of a 2017 book by the famed anti-apartheid activist and scholar Allan Boesak, who reflects on the contemporary ‘Black Lives Matter Movement’ largely in the US and post-Apartheid South Africa. In this context he speaks of the corporate reality of ‘Cheap Grace’ as outlined by the famous German theologian Dietrich Bonhoeffer. The West has attempted transformation WITHOUT sacrifice or restorative justice. Bonhoeffer chided Western Christians for wanting to have discipleship without radical commitment to God’s word, and forgiveness and redemption without struggle and sacrifice. Boesak reminds us that there is no redemption without the cross. Reconciliation must cost us something! 

Due to the influence of post-Reformation Evangelicalism, we have largely interpreted Jesus’ words in a purely individualistic way. Contemporary scholars have shown that in the Jewish tradition, issues of reconciliation, redemption and salvation have a corporate and a collective dimension to them as well as an individualistic one. 

I believe that institutions like the Church of England can set a prophetic lead to other Christian institutions, and beyond it, to other civic bodies and indeed governments.  ‘Cheap Grace’ NEVER leads to redemption and reconciliation. Without restorative justice there is no reconciliation, and the mission of Christ is diminished.

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