Article
Comment
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
Comment
Gaza
Israel
Middle East
4 min read

“Sometime the killing just has to stop”

Simple calls for peace are often against the grain of power, observes George Pitcher. Many still yearn for it, even when faced with complexities and impossibilities.

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

A dove stands on a concrete block wall.
A dove rests on a wall in Gaza, 2021.
براء حبوش on Unsplash.

I admire my friend Clive Stafford Smith for two principal reasons. He’s a demon pace bowler for my Vicar’s XI cricket team. And, as a lawyer, he has dedicated his career to defending prisoners on death row. I’m not sure whether batsmen or US attorneys find him the more threatening. But I know I’d want to have him on my side, whether on the pitch or in court. 

We always have to be careful how we describe people these days. I nearly wrote that Clive is an atheist; more accurately he is an unbeliever. He’s certainly pleased to have God on his side if it means appealing to the Christian conscience of jury members in a capital trial.  

But it’s two very ordinary comments that I remember from hanging out with him, which come to mind now as we witness the hatred of war in the Middle East and which evoke words spoken to me by the principal of my theological college some years ago:  

“Be very careful to notice, George, where you encounter the Christ.”  

Meaning that it won’t necessarily be among the pious, the faithful and the churched. 

The first was a comment I heard Clive make in an interview:

“It’s always been a rule of my life that if someone is being hated, you have to get between the hated and the hater.” I have tried, when I can, to stand in the corner of what we might call the “hatee”.  

The second was a phrase spoken by an actress in a play that arose from Clive’s work with the charity he co-founded, Reprieve. It’s a monologue comprising the story and the court evidence given in the US by Lorelei Guillory, whose six-year-old son Jeremy was taken and murdered by Rick Langley.  

Lorelei visited him in jail and subsequently appeared as Clive’s witness to plead that Langley be spared the death penalty. Her breathtaking words of explanation, which have stayed with me since, were simple:  

“Sometime the killing just has to stop.” 

It’s the simplest words that cut through the political noise and sophistry. I believe the voices of western powers should be calling for, insisting upon or even demanding a ceasefire between Israel and Hamas in Gaza. Our Church leaders have done so. But these voices are called naive or simplistic or disloyal, or worse. 

In the UK, London Mayor Sadiq Khan has called for a ceasefire, pitching him against his political party leader Sir Keir Starmer. Khan is a Muslim – again, let’s be careful to note where we encounter the authentic voice of peace. Conservative minister Paul Bristow has been sacked by the government for calling for a ceasefire, while prime minister Rishi Sunak continues to mouth that “Israel has a right to defend herself.” 

So, the call for peace, against the grain of power, comes from across the political spectrum. Against it are the claims of naivety and disloyalty, which state that the situation is far too complex for peace or that Israel must be left to its own self-determination.

Faced with complexities and impossibilities, both these writers seem to conclude, almost in prayer, with a yearning for peace 

But even here the runes read for ceasefire. Take two recent and prominent commentators on the conflict, again from across the political spectrum. And, again, we must be careful, in this febrile climate, how we describe people. These are not Jewish commentators, so much as columnists who happen to be Jews. 

One, Jonathan Freedland in the Guardian, writes a superb piece that this isn’t about Team Palestine versus Team Israel and picking which is wrong: “Israeli novelist and peace activist Amos Oz was never wiser than when he described the Israel/Palestine conflict as something infinitely more tragic: a clash of right v right.” His pay-off is devastating: “There are no winners – only never-ending loss.” 

The other, Daniel Finkelstein in The Times, writes equally soundly that foreign observers, calling for ceasefire, fail to understand Israel’s roots. He cites 1958’s blockbuster novel-to-movie Exodus to posit that Khan’s call for a ceasefire “was not merely wrong, not merely absurd… it was utterly pointless.” 

Yet he concludes with a quote from Exodus’s final scene beside an Arab and Israeli grave:  

“... the dead always share the earth in peace. And that’s not enough. It’s time for the living to have a turn.” 

Then Finkelstein’s own pay-off:  

“May it come to pass.” 

Faced with complexities and impossibilities, both these writers seem to conclude, almost in prayer, with a yearning for peace. It’s difficult to see how that peace comes without ceasefire. 

I’ve referenced a Muslim and Jewish voices so far. What of the third Abrahamic faith, the Christian voice?  

One hopes it joins the others, with the old hymn’s still, small voice of calm. It has to call for ceasefire. Because as my friend Clive puts it, we have to get between the hated and the hater. And as Lorelei said, sometime the killing just has to stop.