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
Character
Comment
Freedom
Politics
4 min read

Elon will learn that speech is never free

We see the cost of our words in our daily lives.
Elon Musk, wearing a t-shirt slouches forward, holding a mic, while sitting on a stage chair.
Musk, not talking.
Wcamp9, CC BY 4.0, via Wikimedia Commons.

Nigel Farage presumably still believes Elon Musk a ‘hero’ for reintroducing absolutely free speech on X- despite the Billionaire concurrently suggesting that Farage isn’t cut out to lead the UK’s Reform party. If he is truly committed to the free speech cause, Nigel should welcome this verbal attack from Musk as proof that he can take what he often gives out.  

This turn of events demonstrates free speech to be a misnomer. Whatever we say - and do - is never free, and always has a price to pay. Farage and Reform ended up paying the embarrassing cost of Musk’s pointed comments this time round, bemused by the volte-face from the man who was in talks to donate to Reform just weeks ago. 

We see the cost of our words in our daily lives. Saying ‘sorry’ costs us our pride, saying ‘thank you’ costs us our independence, saying ‘I forgive you’ costs us our chance at revenge, giving a compliment costs us a battle with our own insecurities, and so on. And these are positive words- the verbal price is plainer to see when we have caused hurt, upset, or distress. I am grieved often by a thoughtless or hurtful comment given or received.  

The impact of Musk’s words on Farage is clear to see, but there is also an impact on Musk’s inner life. This is the hidden cost of negative speech; the speaker poisons themselves with the negativity they are channelling in what they say. A Hebrew proverb states that ‘death and life are in the power of the tongue, and those who love it will eat its fruits.’ Continuous negative speech will twist a person entirely in on themselves, slowly reducing any capacity to love or bear goodness. Eventually the tongue dictates the whole person; what victimising speech comes out is the sum total of the defiled heart that propels it. There is little ability to pull back- what was once a conscious choice to engage in vitriol has become the unconscious reflex of a vitriolic heart. 

Advocates of uncensored speech are usually trying to say something society does not generally accept, and therefore often something extremist. Recognising there is great cost to hurtful speech both to the speaker and the target might encourage those tempted to vent their deepest fears in the form of insult to consider again the power of the tongue.  

Questioning Farage’s politics may not be an extremist thought, but we must pay attention to the fact that the ‘hero’ of free speech, Musk, appears to have fallen out with Farage because of their differing opinions on Tommy Robinson, the extremist whom Musk has continued to platform and refused to censor. Farage has distanced himself from Robinson and seemingly incurred Musk’s wrath. Furthermore, Musk’s vile comments over the weekend about Keir Starmer and Jess Phillips demonstrates that repeated insults curate a dark heart. 

Perhaps we should not be surprised that Musk seems to be on a concurrent campaign to disrupt democracy as he tries to advocate a total absence of censorship. The role of democracy is to protect minorities; the reason we trust elected officials to vote laws in for us is to protect those unlike us from mob rule. In our society, our elected officials should be protecting the migrants, refugees, ethnic minorities, criminals, the disabled, those unable to work, and any others who are ripe for victimisation by wider society.  

These protections, the rule of law, and the court system, means we can live together without our basest human instincts for violence ruling our better judgements. Ours is a society built on biblical principles, and the care for the foreigner and the poor is found continuously from cover to cover of that book. Not only does democracy offer a system of government that offers the protection of the law, but it also incorporates universally just principles with regards protecting minorities. 

This is the reason that free speech is curbed to an extent in Britain by the ability to prosecute hate speech. Our elected officials have decided that the cost of some speech is too high to pay. This is not a totalitarian imposition, but a recognition that in an internet age, hateful opinions spread too quickly and too visibly to be tolerated. 

In order to attempt to curate a society of gentler and healthier hearts, we should turn to the teacher whose words operated exclusively in grace and truth. Jesus recognised that speech was not free, saying on one occasion that each person would have to account for their careless words before God on the day of judgement. Deeper than even the consequences for our own selves and the recipients in the immediate moment, this eternal cost should remind us of the responsibility to use our words wisely and to deal in truth, encouragement, and wise critique.  

All our words have tariffs - Jesus’ earthly life was full of negative reactions to his speaking the truth. And yet, for ourselves, for our societies, and for those who need protection from hatred: we must think twice before we speak. For our words cost more than we will know in this life. 

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