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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 

  

Column
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War & peace
4 min read

More marches might just make the point about peace

Protest marches highlight conflict close to home, as commentators cast around for agents of peace. George Pitcher thinks he might just know who they are.

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

A crowd of people on a protest march file down the street in one directions.
A recent pro-Palestinian march in London.
Austin Crick on Unsplash.

The Home Front of the Gaza war opened up in Britain last weekend. There had been pro-Palestinian marches since the conflict began on 7th October, but for many here it remained the equivalent of a “phoney war”, waged thousands of miles away. 

What brought it home were the threats to civil order presented to us over the Remembrance weekend. We now know that the end was drawing nigh for home secretary Suella Braverman when she wrote in The Times last week that the police response to self-styled peace marchers was inadequate. 

Whether or not her words inflamed far-right yobs to attack police at the Cenotaph is a matter of conjecture, but that and the massive pro-Palestine protest last Saturday leave no doubt that Israel’s military response to the Hamas atrocities on its people is now a very live issue on British soil. 

Many of us have consequently spent this week wondering about the right and proper way to respond to these events. We are, in a way, spoilt for commentary. Paul Goodman wrote presciently in The Times at the start of the week that there had always been a policy fault line between prime minister Rishi Sunak and his home secretary, just ahead of their political tectonic plates shifting, precipitating Braverman’s condemnatory earthquake of her former boss’s alleged betrayal and weakness. 

No one can be left in any doubt that there is now support for Hamas terrorism and racist intimidation of Jews on British streets. As a people, we can’t sit idly by and witness this development. The big question is what we do to protect the peace and who does it. Goodman concluded his piece by writing this: 

"We are waiting for someone, somehow, to help bring people of all kinds, ordinary Muslims not least, into a great political alliance of moderation, decency, sense and, yes, Britishness. Who is this saviour? Your guess is as good as mine." 

In an otherwise excellent piece, I’m tempted to respond to this pay-off thus: Well, duh! It’s almost like someone saying wistfully, in response to the challenges of illegal immigration which the UK faces, that if only there was some kind of pan-European federation of which we could be a member in order to sort the problem out collectively. The answer to that is staring us in the face, as is the answer to the question Goodman raises. 

I’d hope I don’t have to spell it out. It is the duty, even the obligation, of a state that has the Christian Church established in law as its moral arbiter to deploy those who witness to its faith as peacemakers between the potentially warring factions in our midst. If that means getting between Hamas sympathisers, racist yobs and frightened Jews who may or may not be Zionists, then so be it. 

We should confront in peace, though firmly, those who chant racist and hateful slogans. We should be visible in our demand for peace; that demand made to our polity, to our people and the United Nations.

Though we should not rejoice in it, this is our moment. So is this nation visible in its Christian witness to peace and reconciliation, to the defence of the helpless and innocent at the hands of those who would do them harm and would kill them? I’m afraid not. 

True, the House of Bishops of the Church of England has issued an unequivocal statement on the last day of October, calling for a kind of peace. It calls for the release of Israeli prisoners held by Hamas; for “humanitarian pauses” in the conflict to allow for the evacuation of suffering civilians; for safe areas for them and for the observance of “international humanitarian law”. 

But it stops short of calling for ceasefire. Why? Is there not a gospel imperative that the killing has to stop? But, anyway, the truth is that these are just words. We are called to action too. 

The organisers of the pro-Palestinian protests in the UK to date have called them peace marches. From what I’ve witnessed so far, I’ve no doubt that the vast majority of participants are doing just that – marching for peace. 

The Church should either join them, or organise its own peace marches, led by the cross, alongside people of all faiths and none. We should confront in peace, though firmly, those who chant racist and hateful slogans. We should be visible in our demand for peace; that demand made to our polity, to our people and the United Nations. 

Perhaps it is too much to hope that this leadership comes from our bishops. It may need to be a movement from the base up, the way Christian witness has been most effective throughout its history. Last weekend, a friend of mine visited a town-wide church celebration, “flags of all nations on the walls, 500 folk… a mix of elderly 1980s Charismatics, trendy Anglicans, plain Baptists and independents, African diaspora Pentecostals, young hipsters of all ethnicities”. 

This is where the hope will come from, (in every sense) the peaceful mass. So, when the estimable Mr Goodman asks rhetorically “who is this saviour?”, our answer should be clear: It’s ours.