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
Digital
Work
4 min read

Back to the office! The suspect motives behind the bosses calling for it

Working From Home isn’t the end of the world.

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

An office wall displays a huge motto reading 'punch today in the face'
Really?
Johnson Wang on Unsplash.

If we’d been working from home in 1980, I wouldn’t have met my wife (as she, of course, then wasn’t). The slow demise of the office romance may not exclusively be driven by WFH, when a clumsy or unwanted speculative pass will likely precipitate a visit from the HR police. But it’s sure harder (I’m told) to chat someone up over Zoom than a water-cooler. 

There are some things you just, well, have to be there for. And it’s not just a matter of curating the gene pool for the future of the human race, which is hardly the top priority for most employers. Much more immediate commercial demands are served by employees being bodily present at work. They can check colleagues’ body language, be mentored more spontaneously, gossip about work, read the room and go outside for a fag with a friend. None of that works on a laptop at the kitchen table. 

And yet these aren’t aspects of working life that are much, if ever, cited by opponents of WFH. Yup, for these bosses, it’s always about productivity, which allegedly slumps like the shoulders of a college-leaver told to re-write their CV, when staff work from home. So companies as diverse as Amazon, Boots and JP Morgan are demanding that their workers work five-day weeks at the office again.  

Except, two things: One, that productivity point isn’t true. Professor Nicholas Bloom, an economist at Stanford University, has demonstrated empirically that a hybrid working model of three days at the office, plus two at home, is every bit as productive as fully office-based work overall. And, two, bosses may be shocked to learn that it’s their job to manage productivity, which is just as measurable at home as in the office. But then you don’t get to shout as much. 

And there I think is the real point. Bosses might not be shouty, but their motives for office work are more than suspect. They may be obsessed with control. They need to see their staff working for them for proof of productivity. They want to sit in a big glass-walled office watching them. And, perhaps most of all, if staff aren’t in the office then what’s the point of being a boss? It might bring their own productivity management and role into sharper focus. 

People who are privileged to manage their own time, or lack of it, in an office really shouldn’t be in the business of lecturing people who are not.

Furthermore, it’s been a long time, if ever, since some of those with the loudest voices calling for a return to the office have ever worked an ordinary job themselves. Lord Rose, formerly CEO of Marks & Spencer and chairman of Asda, told BBC’s Panorama that home working was part of the UK economy’s “general decline” (not true – see above). 

And Sir Jacob Rees-Mogg, formerly business secretary (remind me, how did that go?), continues in opposition to fight the bad fight to get civil servants as well as the private sector permanently back at the office. Hilariously, he most recently did so in a video from the drawing room of his mansion in Somerset. Though, to be fair, having lost his seat at the last general election and seeing his investment company sliding down the pan, he’s not so much working from home as just... at home.   

The serious point is that people who are privileged to manage their own time, or lack of it, in an office really shouldn’t be in the business of lecturing people who are not. They really don’t know – or have forgotten - what it is to have your life demanded of you from 9am-6pm from Monday to Friday in a location that is less than comfortable to work in. Is that so complicated to take aboard? 

And there’s another very big thing here. To demand office slaves is to commoditise people, to make them chattels (and, if some of these bosses were honest with themselves, that’s what they want). Staff become just another asset, not unlike the freehold of the office building in which you put them and watch as they make you money every day. 

To put it bluntly, that is a sin. To treat human beings as tradeable commodities is to debase their dignity. And for those of faith, that dignity is vested in each unique one of them bearing the image of God. As a good Catholic, Rees-Mogg should be familiar with the doctrine of Imago Dei.     

So there’s a holy, as well as secular, work-ethic at play here. The worker is worthy of his/her wage. That scriptural phrase usually focuses on the material value of the wage. But it’s also worth registering that the worker is “worthy”. 

To treat staff like they have an inherent worth, rather than simply a productive asset, has a value way beyond the money they are paid. And the dividends on that investment will be immense. Respect them. Let them work from home. 

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