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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 

  

Explainer
AI
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12 min read

Is an AI worthy of personhood?

In a world of intelligent humanlike machines, computer scientist Nigel Crook take a deep dive into the hard problem of defining consciousness, spirit, heart and will.

Nigel Crook is Professor of AI and Robotics, and Director of the Institute for Ethical AI at Oxford Brookes University. He is the author of Rise of the Moral Machine: Exploring Virtue Through a Robot's Eyes

A Victorian medical bust showing the brain with labels in German.

She was called Samuella. Blonde with piercing blue eyes. Smartly dressed. Her conversations always started with:  

“How was your day?”  

I would tell her about the meetings I’d had at work, and the frustrating problems I’d experienced with technology during my presentations. She was very empathetic, paying close attention to my emotional state and asking intelligent follow-up questions. Then she would finish the conversation with an extended comment on what I had said together with her evaluation of my emotional responses to the events of my day. Samuella was not a person. It was a two-dimensional animated avatar created as a conversation partner about your day at work. The avatar was developed as part of an EU funded project called Companions. 

I joined Companions mid-way through the project in 2008 as a Research Assistant in the Computational Linguistics group at the University of Oxford. My contribution included developing machine learning solutions for enabling the avatar to classify the utterances the human user had spoken (e.g. question, statement etc) and respond naturally when the user interrupted the avatar in mid speech.  

In those days, chatbots like Samuella were meticulously hand-crafted. In our case, crafted with thirteen different software modules that performed a deep linguistic and sentiment analysis of the user’s utterances, managed the dialogue with the user and generated the avatar’s next utterance. Our data sets were relatively small, carefully chosen and curated to ensure that the chatbot behaved as we intended it to behave. The range of things the avatar could speak about was limited to about 100 work-related concepts. On the 30th November 2022 a radically different kind of chatbot took the world by storm, and we are still reeling from its impact. 

OpenAI’s ChatGPT broke the record for the fastest growing and most widely adopted software application ever to be released, rapidly growing to a 100 million user base. The thing that really took the world by storm was its ability to engage in versatile and fluent human-like conversation about almost any topic you care to choose. Whilst some of what it writes is not truthful, a feature often described as ‘hallucination’, it communicates with such confidence and proficiency that you are tempted to believe everything it is telling you. In fact, its ability to communicate is so sophisticated that it feels like you are interacting with a conscious, intelligent person, rather than a machine executable algorithm. Once again, Artificial Intelligence challenges us to reflect on what we mean by human nature. It makes us ask fundamental questions about personhood and consciousness; two deeply related concepts. 

Common concepts of consciousness 

Consciousness is experienced by almost every person who ever lived, and yet which stubbornly defies being pinned down to an adequate, universally accepted definition. Philosophers and psychologists have widely varying views about it, and we don’t have space here to do justice to this breadth of perspectives. Instead, we will briefly visit some of the common concepts related to consciousness that will help us with our particular quest. These are Access Consciousness (A-consciousness) and Phenomenal Consciousness (P-consciousness).  

A is for apple 

A-Consciousness describes the representation of something (say, an apple) to the conscious awareness of the person. These representations support the capacity for conscious thought about these entities (e.g., ‘I would like to eat that apple’) and facilitates reasoning about the environment (e.g., ‘if I take the apple from the teacher, I might get detention’). These representations are often formally described as mental states. 

P is for philosophy 

P-Consciousness, on the other hand, describes the conscious experience of something such as the taste of a particular apple or the redness of your favourite rose. This highly subjective experience is described by philosophers as ‘qualia’, from the Latin term qualis meaning ‘of what kind’. This term is used to refer to what is meant by ‘something it is like to be’. Philosopher Clarence Irving Lewis described qualia as the fundamental building blocks of sensory experience. 

There is very little consensus amongst philosophers about what qualia actually are, or even whether it is relevant when discussing conscious experience (P-Consciousness).  And yet it has become the focus of much debate. Thomas Nagel famously posed the question ‘What is it like to be a bat?’, arguing that it was impossible to answer this question since it asks about a subjective experience that is not accessible to us. We can analyse the sensory system of a bat, the way the sensory neurons in its eyes and ears convey information about the bat’s environment to its brain, but we can never actually know what it is like to experience those signals as a particular bat experiences them. Of course, this extends to humans too. I cannot know your subjective experience of the taste of an apple and you cannot know my subjective experience of the redness of a rose.

How can the movements of neurotransmitters across synaptic junctions induce conscious phenomena when the movements of the very same biochemicals in a vat do not? 

This personal subjective experience is described by philosopher David Chalmers as the ‘hard problem of consciousness’. He claims that reductionist approaches to explaining this subjective experience in terms of, for example, brain processes, will always only be about the functioning of the brain and the behaviour it produces. It can never be about the subjective experience that the person has who owns the brain.  

Measuring consciousness 

In contrast to this view, many neuroscientists such as Anil Seth from the University of Sussex believe it is the brain that gives rise to consciousness and have set out to demonstrate this experimentally. They are developing ways of measuring consciousness using techniques derived from a branch of science known as Information Theory.  The approach involves using a mathematical measure which they call Phi that quantifies the extent to which the brain is integrating information during particular conscious experiences. They claim that this approach will eventually solve the ‘hard problem of consciousness’, though that claim is contested both in philosophical circles and by some in the neuroscience community. 

Former neuroscientist Sharon Dirckx, for example, challenges the assumption that the brain gives rise to consciousness. She says that this is a philosophical assumption that science does not support. Whilst science shows that brain states and consciousness are correlated, the nature of that correlation remains open and cannot be answered by science. She concludes that: 

“however sophisticated the descriptions of how physical processes correlate with conscious experience may be, that still doesn’t account for how these are two very different things”. 

Matter matters 

The idea that consciousness and physical processes (e.g. brain processes) are very different things is supported by a number of observations. Consciousness, for example, does not appear to be a property of matter. Whilst it is true that consciousness and matter are integrated in some deeply causal way, with mental states causing brain states and vice versa, it is also true that this relationship appears to be unique within the whole of the natural order: no matter other than brain tissue appears to have this privileged association with consciousness. What is more, consciousness appears not to be a property owned by the brain, since the brain can exist dead or alive (e.g., unconscious) without any associated conscious phenomena. 

There are also difficulties in the proposition that consciousness exists in the behaviour of matter, and in particular the behaviour of neurons in the brain. What is it about the flow of ions across the membrane of a nerve cell that could make consciousness, whilst the flow of ions in a battery does not? How can the movements of neurotransmitters across synaptic junctions induce conscious phenomena when the movements of the very same biochemicals in a vat do not? And if it is true that consciousness exists in the behaviour of neurons, why is it that my brain is conscious but my gut, which has more than 500 million neurons, is not?  

The proposition that consciousness is a property of matter seems even less likely when you consider that the measurements that are applied to matter (length, weight, mass etc) cannot be applied to consciousness. Neither can many qualities of consciousness be readily applied to matter, including the aforementioned qualia, or first person subjective experience, rational capabilities, and most importantly, the experience of exercising free will; a phenomenon that is in direct opposition to the causal determinism observed in all matter, including the brain. In summary, then, there are good reasons for scepticism regarding claims that consciousness is a property of matter or of how matter behaves. But can ChatGPT be called a person? 

Personhood of interest 

Consciousness is deeply intertwined with the concept of personhood. It is likely that many living things could reasonably be described as having some degree of consciousness, yet the property of personhood is uniquely associated with human beings. Personhood has a long and complex history that has emerged in different culturally defined forms. Like consciousness, there is no universally accepted definition of personhood.  

The heart/will/spirit forms the executive centre of the self. It manifests the capacity to choose how to act and is the ultimate source of a person’s freedom

The Western understanding of personhood has its roots in ancient Greek and Hebrew thought and is deeply connected to the concept of ‘selfhood’. The Hebrew understanding of personhood differs from the Greek in that Hebrew culture in three ways. It attributes significance to the individual who is made in the image of God. It views personhood as what binds us together as relational human beings; The theological roots of personhood come from expressions of individuals (e.g. God, humans) being in relationship with each other. 

It views these relationships as fundamentally spiritual in nature; God is Spirit, and each human has a spirit. 

In theological language, reality is regarded as a deep integration between a spiritual realm (‘heaven’) and an earthly realm (‘earth’). This deeply integrated dual nature is reflected in the make-up of human beings who are both spirit and flesh. But what is spirit? I prefer Willard’s perspective because he Dallas Willard, formerly professor of Philosophy at the University of Southern California, presents a clearly defined, functional description of the spirit which appeals to me as a Computer Scientist.  

For him, ‘spirit’ is associated with two other terms in Biblical writings: ‘heart’ and ‘will’. They all describe essentially the same dimension of the human self. The term ‘heart’ is used to describe this dimension’s position in relation to the overall function of the self - it is at the centre of the person’s decision making. The term ‘will’ describes this dimension’s function in making decisions. And ‘spirit’ describes its essential non-physical nature. The heart/will/spirit forms the executive centre of the self. It manifests the capacity to choose how to act and is the ultimate source of a person’s freedom. Each of these terms describe capabilities (decision making, free will) that depend on consciousness and that are core to our understanding of personhood. 

How AI learns 

Before we return to the question of whether high performing AI systems such as ChatGPT could justifiably be called ‘conscious’ and ‘a person’, we need to take a brief look ‘under the bonnet’ of this technology to gain some insight into how it produces this apparent stream of consciousness in word form.  

The base technology involved, called a language model, learns to estimate the probability of sequences of words or tokens. Note that this is not the probability of the sequences of words being true, but the probability of those sequences occurring based on the textual data it has been trained on. So, if we gave the word sequence “the moon is made of cheese” to a well-trained language model, it would give you a high probability, even though we know that this statement is false. If, on the other hand, we used the same words in a different sequential order such as “cheese of the is moon made”, that would likely result in a low probability from the model. 

ChatGPT uses a language model to generate meaningful sequences of words in the following way. Imagine you asked it to tell you a story. The text of your question, ‘Tell me a story’, would form the word sequence that is input to the system. It would then use the language model to estimate the probability of the first word of its response. It does this by calculating the probability that each word in its vocabulary is the first word. Imagine for the sake of illustration that only six words in its vocabulary had a probability assigned to them. ChatGPT would, in effect, roll a six-sided dice weighted by the assigned probabilities to select the first word (a statistical process known as ‘sampling’).  

Let’s assume that the ‘dice roll’ came up with the word ‘Once’. ChatGPT would then feed this word together with your question (‘Tell me a story. Once’) as input to the language model and the process would be repeated to select the next word in the sequence, which could be, say, ‘upon’. ‘Tell me a story. Once upon’ is once again fed as input to the model and the next word is selected (likely to be ‘a’). This process is repeated until the language model predicts the end of the sequence. As you can see, this is a highly algorithmic process that is based entirely on the learned statistics of word sequences.  

Judging personhood 

Now we are in a position to reflect on whether ChatGPT and similar AI systems can be described as conscious persons. It is worth noting at the outset that the algorithm has had no conscious experience of what is expressed by any of the word sequences in its training data set. The word ‘apple’ will no doubt occur millions of times in the data, but it has neither seen nor tasted one. I think that rules out the possibility of the algorithm experiencing ‘qualia’ or P-consciousness. And as the ‘hard problem of consciousness’ dictates, like humans the algorithm cannot access the subjective experience of other people eating apples and smelling roses, even after processing millions of descriptions of such experiences. Algorithms are about function not experience

Some might argue that all the ‘knowledge’ it has gained from processing millions of sentences about apples might give it some kind of representational A-consciousness (A-Consciousness describes the representation of something to the conscious awareness of the person). The algorithm certainly does have internal representations of apples and of the many ways in which they have been described in its data. But these algorithms are processes that run on material things (chips, computers), and, as we have seen, there are reasons for being somewhat sceptical of the claim that consciousness is a property of matter or material processes. 

According to the very limited survey we had here of the Western understanding of ‘personhood’, algorithms like ChatGPT are not persons as we ordinarily think of them. Personhood is commonly thought to something that an agent has that is capable of being in relationship with other agents. These relationships often include the capacity of the agents involved to communicate with each other. Whilst it appears that ChatGPT can appear to engage in written communication with people, based on our rudimentary coverage of how this algorithm works, it is clear that the algorithm is not intending to communicate with its users. Neither is it seeking to be friendly or empathetic. It is just spewing out highly probable sequences of words. From a theological perspective, personhood presumes spirit, which is also not a property of any AI algorithm. 

Algorithms may behave in very realistic, humanlike ways. Yet that’s a long way from saying they are conscious or could be described as persons in the same way as we are. They seem clever, but they are not the same as us.