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 

  

Article
Belief
Comment
Leading
4 min read

Here’s what Pope Leo really needs, and it’s not our speculation

What the media analysis misses when projecting on to the new pope.
Pope Leo waves to the crowd.
Vatican Media.

If memory serves, there was a very positive feeling about Pope Francis when he was elected in 2013. Mind you, I had just started my first year at university and was passionately atheistic - I had flunked my ‘General Studies’ A-Level essay purely because I had nothing to say in favour of the proposal that heaven exists. It was plain enough to me that it was all unscientific wish-fulfilment - so a requirement to give balance had to be jettisoned. 

But the late Pope was so adept at doing things that sent a message, that even in my sphere it became commonly agreed that he was a breath of fresh air. Anyone would tell you that he was very down-to-earth. PR types can only dream of that kind of cache among those who have zero interest in what the company is selling.  

The less ostentatious popemobile!  

The refusal to live in the official papal apartments!  

Here was a man clearly wanting to step back from pomp, and the wealth (all that Vatican gold!). 

It is only now that, as a Catholic, I have an inside track perspective on how more complicated this all actually was. Some in the Church found some of the public piety unsettling. All churches have a trade-off to make between the gospel directive to not value treasure on earth, as well as a gospel directive to give honour to God using all of our humanity, which might involve using our sense of beauty.  

But I am not saying I agree or disagree with any of this. Francis was making a point, and it was well made. I am rather saying that there is a tendency sometimes to think of a pontiff in ill-fitting terms - often political ones. As an atheist, I crammed things into a binary of ‘good, stripped-down rationalisation’ versus ‘bad, mythological and weird’. Especially in secular media, there is a tendency to make popes answers to questions that the media have asked, and not the ones of the Church. The story is always more intricate than ‘liberal’ versus ‘conservative’. Francis was not, in the end, the moderniser some commentariat hoped for, but only because he demonstrated what should have already been obvious: that that the Pope is not ‘in charge of’ the Catholic Faith like that. 

At any rate, speculation of a similar kind is already booming around the new Pope, Leo XIV. Everyone is trying to read into every micro-detail we have. What is the significance of his being an American? Is this the conclave’s attempt to create a counter-Trump? Why did Leo come out in traditional garb (which Francis made a point of eschewing)? Why ‘Leo’?  

Rumours have already abounded that this new Pope likes to do his private masses in the old Latin; others have pointed out that he ran with Francis’ crowd - and even his opening speech touched on the late Pope’s theme of ‘synodality.’ Synodality, depending on who you ask, is either a noble attempt at decentralisation and listening to the full range of voices in the Church - or an attempt to sneak doctrinal change under the guise of being pastoral. 

My advice is to stay well away from it all. Perhaps I’m bringing my own personal journey in too much here - but people change their minds all the time. I wouldn’t want someone to judge me on that General Studies essay now, let me tell you. People especially change when given such a task as Robert Prevost has been given. Even on a purely natural view, being handed responsibility for over a billion Catholics is likely to have a sobering effect, and make one hyper-aware of every move one is about to make. 

But, more importantly, on a supernatural lens, Catholics will want to say that this Pope has been, at the very least, permitted by the Holy Spirit. Benedict XVI put it as dismally as this, in 1997:  

"Probably the only assurance [the Holy Spirit] offers is that the thing cannot be totally ruined.”  

Pope Leo’s ability to shepherd the Church is not a power he enjoys on his own - it comes, as the official teaching has it, “by virtue of his office.” He gets it purely from God, and by existing in relationship to a bigger thing, the Church. It is a difficult thing to make sense of, but the Catholic view of the Pope is not really a statement about human power. It is the belief that, at some very foundational level of analysis, Jesus has agreed not to abandon those who follow him; agreed not to “leave us as orphans." The Pope has come to be seen, in time, as that foundation; as that ‘rock’. But he should always be seen within the bigger picture of God’s promises to us. 

For the meantime, the Pope needs not analysis, second-guessing, or projections. He needs prayers.  

Celebrate our 2nd birthday!

Since Spring 2023, our readers have enjoyed over 1,000 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