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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
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Gaza
Israel
War & peace
8 min read

How redemptive justice could be a way out of a long and costly war

Dynamics of shame, dis-honour and vengeance swirl around the decision makers in the Israel-Hamas war. Steven Firmin explores how redemptive justice could restore a relationship of peace.

Steven Firmin is a lecturer in Christian Ethics at the University of Oxford. His research interests include the interaction of Christian and Muslim political thought.

An army general in green fatigues stands and address a group of soldiers sitting, squatting and standing around him
Israeli Chief of the General Staff Herzi Halevi addresses troops.

The horrific, indiscriminate attacks against Israel by Hamas terrorists have brought the larger Israel-Palestine conflict back to centre stage in international politics. The event has been called “Israel’s 9/11”, and senior Israeli political and military officials have vowed to “exact a price that will be remembered by [Hamas], and Israel’s other enemies, for decades to come.” , and to turn Gaza into a “city of tents”. Israel has begun bombarding thousands of Hamas targets and preparing for a ground invasion in Gaza.  

The die thus seems to be cast for a long and costly war which may not ultimately be able to achieve its aims, and that will halt or reverse any progress towards a resolution of the Israel-Palestine conflict in at least two ways. 

Much more important is that fair-minded Palestinians and their supporters in the wider Arab and western world are also able to understand Israel’s military actions as fitting and discriminate. 

First, the trauma resulting from a large-scale Israeli air and ground campaign in Gaza will be enormous for Palestinians. This trauma will almost certainly be the seedbed of resentment which gives the next generation of Gazans sufficient reason to hate Israel and work for its demise. Indeed, if the tragedy of October 7 is Israel’s “9/11” then it is imperative that Israel not neglect the difficult lesson the US learned through its “war on terror”: when you punish terrorists in a manner that destabilizes and alienates the wider population of a region, you merely create more terrorists. This is not to say that responding to Hamas’ attacks with military force is unjust. Military action should form part of a just response to Hamas’ actions. But this military action needs to be conducted carefully. Any military judgement must be done in such a way that not only Israelis and sympathetic westerners see it as a rightful judgement on Hamas. Much more important is that fair-minded Palestinians and their supporters in the wider Arab and western world are also able to understand Israel’s military actions as fitting and discriminate. This would require Israel, at minimum, to go to extraordinary lengths to minimize civilian casualties, even to the point of significantly increasing risks to Israeli soldiers.  

In the recent past, however, and perhaps also now, Israel’s military strategy, known as the ‘Dahiya Doctrine’ has geared in the opposite direction: it deliberately strikes back at enemy targets in a disproportional manner, in an effort to deter the enemy from further aggression. And when it faces a choice between increasing risks to Israeli soldiers or civilian populations, it often chooses the latter. If that strategy continues to play itself out in a drawn-out air and land campaign, any short-term military victory will only result in long-term creation of new and more determined enemies of Israel.   

A long and costly ground war against Hamas will only make things worse for Israelis and Palestinians. 

Second, Israel’s pursuit of a war against Hamas makes it all but impossible for the wider Arab world to pursue normalization of ties with Israel. Prior to Israel’s declaration of war, a fresh start was within reach. The 2020 Abraham Accords normalized ties between Israel and Bahrain, Morocco, and the United Arab Emirates, and this year an historic, US-brokered deal between Israel and Saudi-Arabia was well on its way to being agreed. Now, the Israel-Saudi deal is in tatters, and other Arab countries with diplomatic ties to Israel are feeling political pressure to show distance. This pressure is not arising because any of these Arab countries support Hamas. All are opposed to its Islamist ideology. It is because they are tied by bonds of affection and loyalty to the Palestinian people, and these bonds prevent Arab countries from negotiating in good faith with Israel when they have serious doubts that Israel’s military actions are making sufficient provision for the welfare of ordinary Palestinians.  

A long and costly ground war against Hamas will only make things worse for Israelis and Palestinians. But what would make things better? Rather than a vengeful justice, Israel might consider pursuing what is called ‘redemptive justice’ in its war against Hamas.  

This kind of justice is exactly the path Jesus urges his followers to follow in his Sermon on the Mount: 

“You have heard that it was said, ‘Eye for eye, and tooth for tooth.’ But I tell you, do not resist by evil means. If anyone slaps you on the right cheek, turn to them the other cheek also.  

The teaching here about retaliation has three parts. 

First, Jesus presents a traditional teaching from the Mosaic law, sometimes called the lex talionis: ‘You have heard that it was said, “An eye for an eye and a tooth for a tooth.”’ In its Old Testament contexts, this principle was supposed to prevent violence from spiraling out of control. When someone wronged you, your injury didn’t give you unlimited right of revenge. Wrongdoing had to be addressed with strict retribution. No more.  

Next, Jesus warns of a deeper dynamic which leads to problems: ‘But I say to you, do not resist by evil means’. Jesus’ warning is not opposed to the lex talionis. What Jesus is warning about, as New Testament commentator Peter Leithart argues, is not to apply this law in ways that perpetuate violence rather than limit it. The example Jesus gives next is illuminating: a slap on the right cheek is not a violent threat to life. To slap someone on the right cheek, you must use either your left hand, or the back of your right hand. Either of these would have been understood as acts of dishonour and shame to a first century Jew. They were not acts intended to harm grievously. And when someone is intent on publicly shaming or dishonouring you, responding with a counter-act of shame or dishonour only heightens the antagonism between you and encourages further retaliation. Strict retribution in these situations will not achieve the law’s aim of limiting violence.  

This leads us to the third part of the teaching, where Jesus proposes a creative solution to the danger: rather than respond to dishonour with dishonour and risk creating a cycle of vendetta, take the penalty of the law on yourself he says – “accept the second slap rather than giving it” as Leithart puts it. This is what redemptive justice means. It cuts evil off at its root and restores a relationship of peace. After all, a person seeking to humiliate you runs out of ammunition very quickly when you show yourself willing to be humiliated.  

Lex talionis is a principle which limits violence to strict retribution. Adopting this approach would require Israel’s leadership to renounce formally the “Dahiya Doctrine.” 

How then might Israel’s political and military leadership enact redemptive righteousness in the situation it now faces in Gaza and in the areas under its effective control? First, let me say it again, Jesus’ commands do not abolish the lex talionis “an eye for an eye, a tooth for a tooth”. Judgement via military force against Hamas is thus not forbidden by the Sermon on the Mount. But as was noted earlier, the lex talionis is a principle which limits violence to strict retribution. Adopting this approach would require Israel’s leadership to renounce formally the “Dahiya Doctrine” and commit publicly to a more proportionate, discriminate form of retaliation to the Hamas attacks.  

Second, we should note that the political situation which has been created by these attacks has deeper dynamics than merely trying to achieve justice for the victims of the attack. The situation also has important dynamics of shame and honour. Unable to prevent this horrific tragedy, the competency of Israeli political and military leaders has been called into question. They have been humiliated by these attacks, and the great temptation for them now is to ‘resist by evil means’, projecting strength by responding to dishonour with counter-dishonour, humiliation with counter-humiliation. This teaching warns Israel’s leadership to do otherwise: accept the second slap, rather than give it.  Although it may sound counter-intuitive, allow yourself to be humiliated by Hamas rather than perpetuate further humiliation that will alienate the wider Palestinian population and potential Arab allies. Undercut the cycle of humiliation by going out of your way to honor ordinary Palestinians, protecting them from harm and blessing them even if it means incurring greater risks to your own soldiers or civilian population. This is the kind of bold, innovative leadership that Graham Tomlin has argued is needed in this most complex of global conflicts. 

Would adopting such a self-sacrificial military strategy be ultimately self-defeating? Would it weaken Israel’s military advantage and prevent them from achieving victory over Hamas? The opposite is true. The Israeli military, with its superior military capability, is not at all in danger of ceding victory to Hamas by fighting a more self-sacrificial form of warfare. But if Israel fails to adopt a self-sacrificial strategy as it pursues military action, the sweetness of any initial victory will sour into a long-term defeat as the contagion of resentment is sown among a new generation of Palestinians and their supporters.  

But surely this would be politically unfeasible for Israel’s leadership to implement? Any leader who enacted redemptive justice towards Hamas and the wider Palestinian population amidst the current national mood of mourning and outrage would face certain political demise. That may be so. Jesus warns those who follow him that they must be prepared to take up their cross. What would motivate that kind of decision, given the cost? The confidence to enact redemptive justice cannot ultimately be separated from confidence that death has been overcome through resurrection, bringing life to the whole world. The call to enact redemptive justice can only be sustained with a recognition of both the wisdom and the ultimate victory of the Jew from Nazareth.  

Israel’s leadership is at a cross-roads. In response to the horrific attacks of Hamas, it has begun a severe bombing campaign in pursuit of a vengeful justice that will soon be followed by a ground invasion. If it wants long-term peace, it must consider changing course quickly and drastically. It must pursue the redemptive justice of the crucified Messiah that overcomes evil with good.