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 

  

Essay
Comment
Identity
Politics
7 min read

Outsourcing our identities: the corrosive effect of political tribalism

Political identities need to connect with core identities, Andy Flannagan reflects on how political disagreement can distort the lives of participants.
Across the heads of a roadside crowd, men wearing orange sashes and military band uniforms march along.
An Orange parade in Larkhall, Scotland.
Ross Goodman, CC BY 2.0, via Wikimedia Commons.

I spent the first 24 years of my life in Northern Ireland. I am incredibly proud to say that it is my homeland. I am still a regular visitor. I love it. I love the people. However, that doesn’t change the fact that my beautiful, yet broken home provides a disturbing case study in what can happen when two communities live in the same space, but separately.  

That is sadly what is happening in the USA right now, and increasingly what is happening in the UK too. What is at the root of an inability to co-exist with those with whom we disagree? There are many answers to that question. I am not saying that what follows is the only answer, but that perhaps some ancient realities underly our present-day struggles. 

When we hold too tight to an identity and someone pokes it, we get angry. But what shifts us from holding something healthily to grasping it with a clenched fist? 

It is difficult to have an academic discussion about where the border (if any) should be in Ireland. The hurt and history go deep. Reactions are visceral. You only have to note the violent responses to a green, white and gold flag flying on a civic building, or an unwelcome red, white and blue kerbstone appearing overnight to realise that something deeper is being triggered. Similar to the ‘culture war’ issues that plague our present, these coloured symbols illicit emotional reactions because they challenge our very identity.  

When we hold too tight to an identity and someone pokes it, we get angry. But what shifts us from holding something healthily to grasping it with a clenched fist? In the political realm these tribal identities may be conservative, progressive, brexiteer, remainer, Democrat, Republican, or many others. 

We all need what I would call these ‘secondary identities’ to survive and get things done in this world. We need a sense of belonging to a tribe. But without a strong primary identity, we cling to these secondary identities so tightly that we are unable to engage healthily when someone challenges them. I’ll put my cards on the table. I believe that the primary identity of every human (whether we believe in a deity or not) is that we are made in the image of God. We have divine DNA in us. It’s the common thread of our humanity, designed to represent (or image) the kind, just leadership of God to the world. 

This is our core identity. This is the thing that people should see if they bite into us like a stick of rock. But if we lose connection with that core, we will still find our identity elsewhere. Our God-given desire to get a sense of who we are and where we fit in continues to operate.  

The problem with idols is that once you give your primary allegiance to them they exact an increasingly large price from you, without you even noticing it. 

The ancient scriptures also give us a useful language for what happens when we give over too much of our identity to a cause or group. The nation of Israel were experts at doing this. In their bones they wanted to worship something or someone, but rather than the hard yards of a mystical journey with a God who was often playful or invisible, they chose the more tangible, internet-speed version and created an idol from what they already had and what they already knew. Cue golden calves and strange statues. 

This grasping for simplicity, and tangible immediacy, helps to explain why Brexit or wokeness have become an idol. And why Trump has become an idol too. In Northern Ireland, the Irish flag has become an idol, as has the Union Jack. And the problem with idols is that once you give your primary allegiance to them they exact an increasingly large price from you, without you even noticing it.  

We often talk about shifts in culture without recognising that the word culture is derived from the same root as the word cult. ‘Culture’ provides invisible, uncontested leadership – it is that which we presume to be true, without stopping to question it, as we would not question a cult leader. 

This is about avoiding the outsourcing of our identity to things that may be good, but that shouldn’t control us. 

In my work with Christians in Politics, bringing Christians together from across the political spectrum, I have become fairly good at spotting when folks start to lose touch with their primary identity. You notice it from the visceral, speedy reactions on social media, subliminally prioritising their immediate emotional state above the emotions of others.  

Sadly, this accelerated during the COVID lockdowns, when it was all too easy to spot the radicalisation of previously fairly centred people. More time than usual on social media, more fear than usual from living through the global pandemic, all leading to them spending more time down algorithm-induced rabbit holes. 

This is not about the elimination of emotion. Nor producing an anodyne, academic, rational public square. After all, many who believe that they are made in the image of God also follow the human who they believe perfected that image, and he spent plenty of time raging against injustice and turning over tables.  

This is about avoiding the outsourcing of our identity to things that may be good, but that shouldn’t control us. Such things should influence us, but they shouldn’t forge us.  

The term idol is useful as it is now in popular usage thanks to TV shows like American Idol. Something in us knows that such here-one-minute-gone-the-next celebrity is not exactly bad for us, but also that such celebrity does not exist without a large number of people giving inappropriate amounts of time and attention (proportional to their talent) to these celebrity lives. 

There is a reason people try to keep religion and politics away from polite dinner table discussions. 

The challenge is that the most toxic idols are often actually really good things. Money. Food. Sex. These are good things. But as many of us know, if they start to control us rather than serve us, our happiness, waistlines, and marriages may be in trouble. With this understanding we can affirm someone’s political activism and enthusiasm as a good thing. We can affirm a political ideology as broadly helpful, but critique it when it has clearly become an idol in someone’s life, commanding time, energy and in real senses – worship. 

There is a visceral quality to our present debates that goes far beyond the discussion of policies. The enraged offence and wild language thrown at the other side speak of a deep and unhealthy suffusion of our identities to these tribes. 

The reactions we see on social media are the reactions of a child when their iPad is taken away. It is primal. Bearing in mind the toxicity of the social media-scape, it is easy to see how tribes are needed for protection, but if our responses to every situation are the knee-jerk reaction of our tribe, then we leave no space for breath, reflection or even prayer. And there is certainly no time to consult some ancient wisdom. There is a reason people try to keep religion and politics away from polite dinner table discussions. Nobody likes their identity being questioned. But rather than avoid these subjects, could we instead be so rooted in our primary identity that a disagreement doesn't have to lead to the end of fellowship and embrace? 

Tom Wright often points out that in life we will always need progressive (things need to change) moments but at times we also need conservative (things need to stay the same) moments. History is littered with both being significant. To pretend that one is always more important than the other is intellectually vacuous.

Our 'othering' of them renders them less human in our eyes and we are then able to countenance appalling things happening to them,

The same is true of parenting. There are times when a progressive response is required (okay you can start eating solid food now) and times when a conservative response is required (no, we still don't pour milk on the laptop). On a more serious note, discussions around parenting styles that sit on a spectrum between earth-motherly co-sleeping and Gina Ford military drilling are another good example of when disagreements within and between families get visceral. Again, it is because we don't just feel that this is a theoretical discussion. So much of our identity is unhealthily tied up in our insecurities around parenting that we feel that our very person is being attacked. The political and parenting spectra are eerily similar. 

Failing to remember that we are all made in the image of God and all part of the one human family also leaves the door open to the next level of ugliness – it leaves us able to dismiss' those we disagree with. They become people who are easy to label, mock, and dismiss. Our 'othering' of them renders them less human in our eyes and we are then able to countenance appalling things happening to them. They may become people we would rather see removed from proceedings than have reconciled to us. We forget the words of theologian Vinoth Ramachandrara, who said that:  

"when you stand face to face with another human being, made in the image of God, you are standing in the presence of a vehicle of the divine".  

Yes we need to be part of earthly tribes, but we also mustn't lose our identity to the tribe.