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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 

  

Article
America
Comment
6 min read

The significance of legacy and what it can really stir

Concluding an American journey in the footsteps of his hero, Ian Hamlin ponders how legacy arises.

Ian Hamlin has been the minister of a Baptist church since 1994. He previously worked in financial services.

Martin Luther King reaches from the pulpit of a church while he preaches.
MLK preaching at Riverside Church, New York.
The Gotham Center for New York History.

Travelling around recently, considering the impact of the US Civil Rights Movement as part of my sabbatical trip across four States, I’ve been struck by the immediacy of it.  It really doesn’t seem very far away, or long ago.  Part of that, of course, is its ongoing resonance, but there are also some personal factors. Martin Luther King was just four days younger than my mother, who’s still alive, and I was born in the week leading up to ‘Bloody Sunday’, and the Selma – Montgomery march.  Although not strictly true, this feels like a history of my own time.   

That sense has, I think, been amplified by some other recent significant dates.  Earlier this summer was the sixtieth anniversary of the ‘I Have a Dream’ speech in Washington, the subway in Atlanta is still awash with anniversary posters.  Beyond that, of course, just days later, we remembered a similar six decades since the Klu Klux Klan’s bombing of the 16th Street Baptist Church in Birmingham, Alabama, which killed; Addie Mae Collins, Denise McNair, Carole Robertson and Cynthia Wesley, three 14-year-olds, and one 11-year-old girl.  A commemorative service was held in the church, just weeks ago.   

History had changed, its arc had indeed bent towards justice.  Yet such gestures, profound though they may be, rarely tell the whole story. 

Less dramatically, yet still poignantly, 2nd November saw the 40th anniversary of Ronald Reagan signing the bill into law, which created Martin Luther King Day as a national holiday in America, on the 3rd Monday of January each year.  

Now very much part of the fabric of national life, the holiday represents, as much as anything, the formal adoption of Dr King as a fully-fledged American hero, part of the great story of the Republic, and the ultimate acceptance of this black man by his country.  

Symbols like that matter, such a legacy is significant indeed.  It was on Martin Luther King Day 2013, that Barak Obama was inaugurated as President of the United States, for the second time, a black man, who spoke, that day, of a dream fulfilled, as he made his oath of office on King’s bible.  History had changed, its arc had indeed bent towards justice.  Yet such gestures, profound though they may be, rarely tell the whole story. 

Should we be satisfied with the unity that comes from an altogether flatter story, even if it tends towards ‘Disneyfication’, or ought we insist upon messy truth... ?

The holiday wasn’t celebrated until January 1986, Reagan himself wasn’t particularly keen on it, it passed only after something of a battle in Congress where, famously, Senator Jesse Helms led a 16-day filibuster, where he claimed King was a subversive radical, dangerous traitor and communist agitator, And, it wasn’t until 2000 that it was acknowledged in all 50 states.  

Such details, if known and remembered, serve to confuse the notion of legacy, to muddy the waters and call into question its real heart. Because the easiest histories are the most straightforward, travelling in a straight line from A to B, from problem to solution, tragedy to victory, despair to hope. They mould into the very fabric of the Nation that the key idea, that the good guys won in the end, like they always do, and the Republic sails inexorably on towards even brighter lights to come.   

The question of legacy, when it comes to Dr King, as with many others, is vital for sure, but far more complex than that, and contested too.  Should we be satisfied with the unity that comes from an altogether flatter story, even if it tends towards ‘Disneyfication’, or ought we insist upon messy truth, with its inherent conflict and challenge, recalled back then, and still present now?   

Martin Luther King was far from a hero at the time of his death, quite the contrary, he was well on his way to becoming a pariah. No longer welcome in the Whitehouse, he had fallen foul of Lyndon Johnson over Vietnam, and his consistent enemies in the FBI now seemed to hold sway there.  His relative ‘successes’ with the civil rights act of 1964 and the voting rights act of 1965, genuine and monumental as they were, had only served to demonstrate that a lot of the true causes of segregation, north and south, were less amenable to easy legislative removal, and were actually rooted in economics.  As he turned his eye increasingly towards housing in particular and poverty in general, as well as what he called ‘the war question’, he largely lost his platform.        

On 4th April 1967, at Riverside Church, New York, he gave what many consider to be his greatest and most eloquent speech ever, but few recall it.  Distilling his Christian calling, his civil rights history and sense of present-day necessity, ‘the fierce urgency of now’ as he described it, he began by noting, “surely this is the first time in our nation's history that a significant number of its religious leaders have chosen to move beyond the prophesying of smooth patriotism to the high grounds of a firm dissent …” He went on, after giving a detailed dissection of American history and policy in Asia, to declare that “The war in Vietnam is but a symptom of a far deeper malady within the American spirit.”  Before continuing to list out what he called ‘a true revolution of values.’  None of this was designed to win him an appreciative audience in an increasingly materialistic America, and it didn’t. King’s approval ratings, according to polls, were firmly in the negative, and falling. The idea then, that someday soon, the whole nation would come together annually to honour him, was laughable.   

Just occasionally though, even in the killing, something is stirred that brings out a legacy more powerful than could ever have been imagined, even more so than national commemorative days.   

Of course, death changes things, particularly, premature, violent death. It shocks and inevitably provokes both sympathy, and reassessment. It has us wonder, whether we should’ve listened more carefully, when we had the chance.  On this site a few days ago, speaking of the current situation in the Middle East, Graham Tomlin longed for leaders of old who were prepared to break the cycle of violence in the name of peace.  My mind turned, inevitably, to Martin Luther King, saying that ‘We will meet your physical force with soul force’.  Adding, ‘Do what you will, threaten our children, and we will still love you …we will wear you down by our capacity to suffer, in winning the victory we will not only win our freedom, we will so appeal to your heart and your conscience, that we will win you in the process.”   

Such talk rarely, gets you national holidays, named in your honour. It more often gets you killed.  Just occasionally though, even in the killing, something is stirred that brings out a legacy more powerful than could ever have been imagined, even more so than national commemorative days.   

Legacy speaks of the power of passing on, in the words of Jay Z, turned into a popular pin badge, ‘Rosa sat, so Martin could walk, so Barak could run, so we might fly …’  These cascading consequences of commitment, truthfully sketched out here, and which could’ve gone back further, at least to Maisie Till’s courage in sharing the death of her son, which was said to have inspired Rosa Parks. And, certainly they could also be projected forward. To a multitude of actions, large and small, destined to add to that ongoing legacy of justice. These are, in many instances', the continually ‘rolling waters’ of prophetic imagination that King loved to picture.  

In his mind, there is no doubt they find their ultimate source and inspiration in a day set aside to remember, not his though, but Easter Day, when resurrection hope forever shook the world. If, on the 3rd Monday of January each year, some thought might be given to that truth, he could be forgiven a quiet, knowing smile.