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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.

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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I’m not sure Christopher Nolan has actually read The Odyssey

The director has drunk the Kool-aid of modernity, and done so deeply
the head of a classical statue looks up amid embers around it.
The odyssey poster.
Universal Studios.

Greek myths are full of hubris. Full of it. I feel like ‘hubris’ isn’t a word you hear very often anymore. It means excessive pride or self-confidence that leads to a downfall, in case you were wondering. “Boris Johnson’s hubristic underestimation of the effects of ‘Partygate’ was the final nail in his political coffin,” we might say.  

In one myth, Icarus is imprisoned, but given wings held together by wax in aid of his escape. He is warned not to fly too close to the sun, because the heat will melt the wax. Guess what he does? Yep! Flies too close to the sun. The wings melt and he falls to his death. Hubris

Another myth tells the story of Prometheus. No, not the slightly underrated Alien prequel. (That’s right, I said underrated, but that’s another article for another day). Prometheus defies the Greek gods by stealing fire and giving it to humans. As punishment, Zeus ties Prometheus to a rock and has an eagle eat his liver, only for it to grow back overnight so the eagle can come back the next day and start again. Hubris. 

Greek myths are full of hubris. Full of it. 

And so, this is why I find the new poster for Christopher Nolan’s upcoming adaptation of Greek epic The Odyssey so … bizarre. But then I’ve been nervous about Nolan’s adaptation since it was announced. Nolan is a wonderful filmmaker, but he’s also deeply naturalistic in the messages he conveys. By this, I mean that all his films suggest that nature – the physical, material world of atoms and things – is all there is. Even when he has opportunity to explore themes of the mystical, or magical, or the supernatural, he only does so when a purely ‘natural’ explanation for such things is possible.  

For example, in The Prestige (and HUGE spoilers for the film here: it’s incredible, please watch it if you haven’t), Nolan tells the story of two rival magicians, played by Hugh Jackman and Christian Bale. Robert Angier (Jackman) is trying to work out Alfred Borden’s (Bale) teleportation trick. The secret? (Seriously: big, big spoilers here). Science. Nikola Tesla has invented a device that can clone someone but send the clone to a different location. The trick – the mysterious MacGuffin at the film’s heart – has a natural, scientific explanation. Magic isn’t real and you’re a fool if you think otherwise. 

Perhaps this is also why Nolan directed the wonderful Dark Knight trilogy. After all, Batman’s superpower is just wealth: it’s entirely naturalistic, with nothing that can’t fit into a scientific way of understanding the world. Or we could point towards the science fiction that underwrites Inception, Interstellar, and Tenet. For a filmmaker so gifted at tension and intrigue, he has surprisingly little truck with mystique, mystery, and the divine. But this is a problem when it comes to The Odyssey. A huge problem.  

Let’s return to that poster I mentioned earlier. It shows the head of a classical Greek statue, flames ember underneath it. The caption? Defy the Gods. And it’s at this point I start to wonder if Nolan has actually read The Odyssey. Because The Odyssey takes questions of divinity and their authority very, very seriously. Like many Greek myths and poems, the message of The Odyssey isn’t ‘defy the Gods’. No: it’s ‘trying to defy the gods is an unbelievably stupid, futile, and dangerous thing to do’. Nolan would seemingly have us raze Mount Olympus to the ground.  

Look, all we have is a poster so far. Nolan might prove me wrong. But we shouldn’t be surprised if Nolan reworks The Odyssey in such a way that ‘defy the Gods’ becomes its central message. Because Nolan is a quintessentially modern filmmaker.  

In a 1965 book called Freud and Philosophy, French philosopher Paul Ricœur described the modern period as dominated by a climate of suspicion or scepticism. Within this ‘climate of thought’, the straightforward understandings of things are actually deceptive, instead hiding hidden, deeper, and ‘truer’ meanings. He described Sigmund Freud, Friedrich Nietzsche, and Karl Mark as the ‘masters of suspicion.’ And so the world around us is to be approached suspiciously, to uncover the ‘truer’ meanings about our subconscious (so Freud), our false, religiously imposed morals (so Nietzsche), or our exploitative economic systems (so Marx). 

Each of Ricœur’s ‘masters of suspicion’ might be mapped on to one of the villains in Nolan’s Dark Knight trilogy. Liam Neeson is Ra’s al Ghul, a Freud-like figure who helps Bruce Wayne navigate the psychological effects of his parents’ murders in childhood. Heath Ledger’s mesmeric Joker is Nietzsche’s stand-in, exposing our misguided systems and structures of ethics, tethered to a religious framework we no longer hold to. Tom Hardy’s Bane is Marx, freeing Gotham’s proletariat from the economic structures that oppress them so. 

It's not a perfect fit, but I think there’s more than enough evidence to say that Nolan has drunk the Kool-aid of modernity, and he has drunk so very deeply. And this would be fine – absolutely fine – if he wasn’t planning to adapt The Odyssey. Because, as a quintessentially modern filmmaker, Nolan’s work emerges out of and celebrates a culture wherein ‘defy the gods’ is a slogan that can only be heard as heroic, courageous, and noble, rather than dumb and futile, as The Odyssey would stress to us. 

Defying divinity is not heroic. The Odyssey knows this and knows it well. Defying the gods never ends well for humans stupid enough to try in Homer’s work. Our modern sensibilities encourage us to be suspicious of institutionalised power, especially when that power takes a religious shape. We are predisposed to imagine that invocations of the divine are nothing more than thinly-veiled power-grabs. And sometimes they are. But The Odyssey is right to say that divinity itself is not to be trifled with. Renounce your creator at your peril. 

Like all his other films, Nolan’s The Odyssey is likely to be tense, wrought, and cinematographically immaculate. But also like his other films, I worry it will be deeply naturalistic in the way it handles the inescapably divine and supernatural elements present in Homer’s epic. The Odyssey has an important message for our increasingly hubristic society. I just worry that Nolan’s not the man to convey it as it deserves. 

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