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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.

Edward Smyth

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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Column
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Film & TV
4 min read

Why we watch dark drama

Reviewing The Reckoning, and the reviewing cycle, leads George Pitcher to change his mind on whether to watch such darker dramas and documentaries.

George Pitcher

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

A man in a tracksuit sits in an arm chair smoking a cigar while looking towards a curtained window.
BBC.

The BBC’s four-part drama-documentary about the life and crimes of Jimmy Savile, The Reckoning, concluded. And the media caravan moves on. 

Its reviews have been mixed, to say the least. You may have got the gist of them: Steve Coogan was brilliant as Savile. But why would he do it? Other actors around him were equally good, if not better. The BBC was either brutally honest or self-exculpatory about its enablement of the monster. I particularly noticed a review line that emerged which hoped the BBC would concentrate on its safeguarding, rather than gather material for its drama department

There’s a case for taking a breath after the television reviewers have completed their work, of asking what we are left with after all this and whether there is a bigger picture than the one our television screens contained. 

The first window I want to look through is the church one forever stained by the hideous image of child sexual abuse. Those priests who over recent years have been exposed for these heinous crimes were not, unlike Savile, celebrities. They weren’t as often, like him, committing them in plain sight. But all child abusers, as adults, occupy a position of trust, either as family members, teachers, people of power or as priests, and they abuse that trust as they abuse their victims. 

I have had direct experience, as a parish priest, of two instances of child sexual abuse. In both instances, the clergy who abused are long dead. It may go without saying, but in both cases I have witnessed how the victims, now in late middle-age, have had their lives ruined as a consequence, how nothing can really be healed as such, but how we can only help them to manage. 

As for the perpetrators, they’re dead. As with Savile, the knowledge of this leaves a feeling that they got away with it and that justice has not been done, nor importantly seen to be done. 

The BBC’s depiction of him had him being tortured, to some degree at least, by his Roman Catholic faith, that he faced consignment to hell for his crimes and that his charitable works were an effort to compensate for his moral turpitude and get him to heaven. This was portrayed partly in a tentative fumbling for absolution in the confessional box.  

There’s no way to know whether that’s an accurate telling, but it’s not consistent with my memory of the conduct of his final years, nor with that of the period after his death in 2011, as evidence of his crimes emerged. That time was characterised more by intimidation of journalists with lawyers and calling in favours from police. Being in denial seems to have been more likely than being in the confessional space. 

That may have been true of abusive priests too. But it’s axiomatic also of a means to evade justice. One can only hope that they have faced divine judgement. But, then, who throws the first stone? 

I refused to watch it on the grounds that I feared it fell into a TV category that could bear the file name “true-crime titillation” 

I want to turn to another aspect of the reviewing cycle of The Reckoning: Should it have been made at all? This is not the question of whether it should have been made by the BBC, which harboured Savile’s career, but whether drama should be made out of the most atrocious of crimes. 

A very little over a year ago, Channel 5 screened Maxine, a three-part drama miniseries based on the murders of 10-year-olds Holly Wells and Jessica Chapman in Soham at the hands of Ian Huntley, ostensibly from the viewpoint of his girlfriend Maxine Carr, unwittingly coerced into his attempted cover-up.  

I refused to watch it on the grounds that I feared it fell into a TV category that could bear the file name “true-crime titillation”. I also felt that the twentieth anniversary of the murders was too soon for these events to be revisited for dramatic purposes. 

I want to re-visit those opinions now, in light of The Reckoning. Savile was not a murderer, but he destroyed children's lives. It’s important, ultimately, that we know about him and of what he was capable. I have written recently, with regard to a documentary screened on Channel 4 about the Holocaust in Ukraine, that we don’t have the moral option nor the luxury of looking away. 

So this: Hats off to broadcast journalists and dramatists who face up to the darkest of crimes and human nature. Journalists show us (or should try to) that it’s really there. And it’s valid territory for drama producers, because it makes us think about it, if not understand it. That’s what drama does, or is supposed to. 

Finally, we acknowledge from dramatised events, perhaps, that no one is defined by a single aspect of the lives they lead. From this, we might pray that they (and we) may be forgiven somehow, by someone, simply because we can’t.  

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