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 

  

Snippet
Character
Comment
Politics
3 min read

After Angela, who's next?

Rayner’s resignation should prompt politicians to pause

Jean is a consultant working with financial and Christian organisations. She also writes and broadcasts.

Angela Rayner pauses while delivering a speech
x.com/mhclg

The dust is settling after the resignation of Angela Rayner, British Deputy Prime Minister. It’s not yet clear if her downfall will be fatal for her long-term political ambition. However, the manner of it had me muttering to myself. ‘If you live by the sword, you die by the sword.’ We all make mistakes. Angela Rayner made a mistake and it is clear that she broke the ministerial code. Do I think she should have resigned? It’s not as clear cut. Yes and no.  

Yes, because I think we need our politicians to maintain the highest standards. I think she should have resigned as soon as she realised, she had made the mistake. She probably didn’t need to wait for the conclusion of the ethics investigation.  

At the same time, no, because I don’t think it was a deliberate attempt to dodge paying the right amount of stamp duty. Instead, she greatly underestimated the significance and implications of not seeking the relevant tax advice. I am sure, some of us have seen those, ‘this is not legal/tax/financial advice’ statements on communications from banks and lawyers. and chose to ignore them, thinking they apply to someone else and not specifically us.        

But as follower of politics, I remember Angela Rayner regularly lambasted Conservative minsters for similar tax infringements. There was never any consideration for the families of those ministers or the impact of her accusations on the mental health or careers of said politicians. Sadly, her actions have come back to haunt her and, as is to be expected, led to cries of hypocrisy. That’s why the Prime Minister had no choice but to accept her resignation. If she (and the Labour Party more generally) had been less combative and judgemental, and focused less on highlighting class and wealth differences, Angela Rayner may not have had to fall on her sword? Maybe an apology would have been enough? Many of us sympathise with her complex caring responsibilities and agree that the tax system is unnecessarily complicated. There could have been grace. But if you live by the sword, you will eventually die by the sword. 

This whole episode has reminded me of the importance of treating people as I would like to be treated. We are all prone to making mistakes. We are all guilty of hypocrisy both intentionally and unintentionally. That doesn’t mean we can’t speak truth or hold people to account.  

In the last week, every major political Party leader has been asked to comment on Angela Rayner and her purchase of an £800k flat in Hove hundreds of miles away from her constituency. I was impressed by Ed Davey’s (Leader of the Liberal Democrats) response to this ‘Hovegate’ saga. He was graceful, acknowledging the difficulty Rayner faced balancing a huge job alongside her caring and parental responsibilities, and the complexities of the tax system. But at the same time, accepted that politicians ought to be held to the highest ethical standards. He tried to shine a light on the underlying policy issues Rayner’s resignation rests on, and how to fix them. 

Wouldn’t be great if this incident led to real conversations about policy reform to stamp duty and parent/carer responsibilities instead of party-political machinations? What if our politicians spent a little bit of time thinking about what it would be like to live in the opposing team’s shoes? We might just get better politics and policy. 

Support Seen & Unseen

Since Spring 2023, our readers have enjoyed over 1,500 articles. All for free. 
This is made possible through the generosity of our amazing community of supporters.

If you enjoy Seen & Unseen, would you consider making a gift towards our work?
 
Do so by joining Behind The Seen. Alongside other benefits, you’ll receive an extra fortnightly email from me sharing my reading and reflections on the ideas that are shaping our times.

Graham Tomlin
Editor-in-Chief