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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 

  

Article
Comment
Community
Freedom
Politics
4 min read

From councils to conclaves, there's a vital common ingredient

Church and state alike need pluralism.

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

A gate to a churchyard displays a sign saying polling station.
A polling station through a churchyard.
Southwark Diocese

Rumours that Donald Trump may suspend the US constitution in order to seek a third term as president and yet darker threats that his regime may even harbour autocratic ambitions have reminded the West that we should not take democracy for granted. 

Parliamentary democracy, we have widely assumed, is A Good Thing. It’s so good that we not only want to share it but impose it on other populations. The Iraq war on which the UK and US embarked in 2003 was fought, we were told, for freedom and democracy, but it didn’t quite work out like that. 

By democracy, we tend to mean political accountability, through which parties of government exercise power through the will of the people they serve, expressed in regular plebiscites which ensure that no one can cling unchallenged to power. The recent English council elections are a small example of what we mean by that. 

The Trump phenomenon, though, begins to point towards the prospect of a popular will that is in favour of a form of government that doesn’t correspond to our usual liberal assumptions. There are voices, among them that of the writer Margaret Atwood, which anticipate a suspension of US democracy as a consequence of the President’s insanity. 

Most of us in the UK might argue that democracy need to be more than a system in which majorities have their way. We want our governments to be under the law too. And then we have to decide not only what law, but whose law. For those of religious faith, that question will partly and significantly be answered by God’s law, on which arguably western civilisation is built. 

This is where pluralism comes in, without which democracy can’t operate effectively. A state is a collection of political and civic communities, in which individuals have rights and duties, which are protected in law. 

This model is based on Roman legislature, intensely centralised and systemically suspicious of private societies, which is why early Christians were persecuted under it. The collapse of that empire left a legalistic vacuum, into which stepped nation-state kingdoms and the early medieval Church.  

Unlike political parties, we don’t compete for control, but form a community that points towards a saved and healed world. 

It was this latter organ of state that inherited the basic principles of Roman law, centralised, universal and sovereign, under the Pope. And it is that organ that will meet in conclave to elect a new Pope. To describe that election as democratic is more than a stretch, in that the demos, as in common people, are uninvolved and arguably unrepresented. 

So the Church is not a democracy, any more than God is accountable to his creation. Rather the other way around – some denominations speak of God’s “elect”, those he chooses for salvation. In Christian thought, God is a servant king, but nonetheless an absolute and, some who oppose the divine might say, tyrannical authority. 

How are we to respond to an undemocratic deity? One answer to that might be found in that pluralistic characteristic of democracy. We’re not good, frankly, as recognising pluralism in our faith systems. At best, we operate in a kind of absolute duopoly – you believe, or you don’t. A pluralistic model would be one in which we learn of the divine will through the entirety of creation, all manifestations of belief and unbelief, rather than simply our own. 

Pluralism is healthy, in secular politics as well as in religious observance. It has been observed that the old UK political duopoly of Labour and Conservative has been broken in these local elections by Reform UK and resurgent Liberal Democrats and Greens. It’s the polar opposite of the gathering autocracy in the US and gives a voice to a range of worldviews. 

This is not an argument for theocracy, but it is to claim that the Christian tradition rests on the principle that no political order can claim the authority of God other than the Body of Christ. And the Body of Christ incorporates all members of the human race. Unlike political parties, we don’t compete for control, but form a community that points towards a saved and healed world. 

The choice here is between a kind of secular citizenship, a form of multi-culturism which strikes an accord between varied communities on universally enlightened principles. Or we can respond to the energy on which that secular utopia might be founded, in building communities of the willing towards global justice and peace. That is a diversity mission for the Church. 

So, it’s less about democracy than pluralism. And that pluralism has to become a recognisable characteristic of the body of the faithful, which it all too often historically hasn’t been. One can only hope and pray that it might be a mission that is also at the heart of the deliberations that lead to a puff of white smoke from the Sistine Chapel in the coming days. 

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