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Justice
5 min read

Mercy of any magnitude is scarce

Today’s cynicism, means justice really needs tempering.
In a court room a judge looks out across it as a lawyer standing addressing her turns his head to look.
Rhoda Griffis and Michael B. Jordan in Just Mercy.

My friend Jo was killed by a lorry driver while she was cycling to work. She was thirty-four. The driver wasn’t paying attention. A couple of distracted minutes had tragic consequences. One life was lost; many others would never be the same again. 

Months later, in court, the driver pled guilty to causing death by careless driving, and the judge warned him that he was facing time in prison. But between the verdict and the sentencing, Jo’s parents wrote to the judge asking him to show mercy. 

So he did. The driver didn’t go to jail. He was spared the punishment that our legal system says he deserved. He admitted his guilt, and he didn’t ask for leniency or mercy or forgiveness, but Jo’s parents showed it anyway. They even made a point of going over to him to tell him clearly that they forgave him for taking their daughter’s life. 

The court case was covered by national and local media, with one newspaper summing up what had happened with the headline: ‘Death driver shown mercy.’ 

It made national news because mercy of this magnitude is rare in society today. In fact, mercy of any magnitude is scarce. We live in an increasingly polarised world, where our desire for justice eclipses the beauty of mercy because we cannot see how both could exist at the same time. We want justice, and rightly so. We want people to pay for harm they have caused and we especially cannot abide it when the obviously guilty use their power, wealth or status to get them off the hook. 

Extending mercy seems to us to come at the expense of justice. If we forgive, somehow that seems to deny the damage caused. 

But cancel culture is rapidly turning our society into a place where anyone with a remotely public profile needs to live in fear of saying or doing anything wrong. We increasingly err on the side of cynicism when someone says they are sorry. We dismiss apologies, even when accompanied with tears and distress, as a stunt or ‘too little too late’ or more to do with being caught than with the original offence. We have become predisposed to assume the worst. 

We start by recognising that justice in its purest form, at its best, is inherently merciful because it wants repentance more than it wants retribution.

I wonder if we have strayed beyond the necessary and right fight for justice into an insatiable appetite for vengeance, which leads us to a place where there is no space for contrition. If guilt is irredeemable, punishment must be permanent and absolute.  

We argue that mercy is not deserved. And we are right. But it never is. If it were deserved, it wouldn’t be mercy. The very definition of mercy is that it is undeserved – to receive mercy is to receive kindness, compassion and forgiveness that you have no right to, no claim on, no reasonable grounds to expect. 

But a bigger problem with our desire for justice over mercy is that we are not consistent. I know that my default is to want justice when I am wronged, but mercy when I am in the wrong. Who among us has not made a mistake or hurt someone else but then defended our actions by claiming mitigating circumstances or good motives? We want to be forgiven. Even when we know we have done wrong, we do not want to be punished. 

I’m self-centred in my approach to mercy and justice. I am also way more lenient when those I love get things wrong than I am when someone hurts someone close to me. I assume that those dear to me had the best intentions, and those I don’t know or don’t like had the worst. My friends meant well; my enemies meant harm.  

The Bible presents God as both merciful and just. It repeatedly affirms his concern for victims of injustice and reminds anyone who claims to know him that, if they really do, pleading the cause of the vulnerable and marginalised will be an inevitable (even required) outworking of that. It says that getting justice for the oppressed is more important to God than religious rituals such as fasting from food. In fact, it calls caring for the afflicted and distressed “true religion”. 

But at the same time, Jesus told the religious people around him – the justice-warriors of his day who looked out for the slightest misdemeanour in others so they could call them out on it – that they needed to learn that God prefers mercy to sacrifice. Indeed, there is no example in the Bible of anyone pleading for mercy and God denying them. Even the most wicked and cruel abusers of power, if they humbled themselves and cried out to God for mercy, were shown it. 

And it is not just God who exercises both justice and mercy. He says that he wants ordinary human beings to act justly and love mercy. In Christianity, justice and mercy are not pitted against each other; they are woven together as time and time again we are invited to live a better way by valuing and practicing both. Jesus criticised the religious leaders of his day for following all sorts of detailed and pedantic rules while neglecting what he called “the weightier matters of justice, mercy and faithfulness” and ultimately he died on the cross in the most astonishing act of faithfulness to bring perfect justice and limitless mercy. 

But how do we mere mortals do both? We start by recognising that justice in its purest form, at its best, is inherently merciful because it wants repentance more than it wants retribution. Without repentance, there can be no reconciliation or restoration. A society that rules out redemption – that says no apology or atonement can ever be enough – will soon become a harsh and hopeless place. Biblical justice always leaves space for mercy. So must we. 

 

‘Natalie Williams' Tis Mercy All: The Power of Mercy in a Polarised World is published by SPCK. 

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Justice
4 min read

Data scientists should stop watching Minority Report and start watching The Shawshank Redemption

A justice ministry’s prejudicial database leaves no room for redemption.

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

Tom Cruise gestures with his fingers in an e-glove in front of his face
Tom Cruise takes the measure.
20th Century Fox.

The go-to for any news item about using AI to predict crimes before they happen is Steven Spielberg’s Minority Report from 2002, starring Tom Cruise as a futuristic cop, who employs human “precogs” as clairvoyants to get ahead of the villains. 

So, I’m far from the first to name-check it as showing the dystopian future that the UK’s Ministry of Justice heralds with its test project to “explore alternative and innovative data science techniques to risk assessment of homicide.” 

That use of “homicide”, rather than the more British “murder”, is telling, almost like the Ministry wonks have just watched the movie. The pressure group Statewatch has no doubt where they’re heading, with data being used on people who may never have been convicted of an offence and “will code in bias towards racialised and low-income communities.” 

Spielberg was always ahead of the curve. But my fear is less the chilling dystopia that Statewatch sees in its precog. Actually, I’m more worried about the past in this context, or rather in how we treat the past. 

If I haven’t to date done anything wrong, then I have committed no offence. I am literally innocent. And that’s an absolute. An interpretation of data that indicates that I’m more likely to commit a crime than others is neither here (in my conscience) nor there (in the judicial system). 

Furthermore, there’s a theological point. If it is so, as we’re told, that no one is without sin, then we’re all culpable in the pasts that we have lived so far, but the future contains all we have to play for.  

To suggest that some of us are more likely to screw up in that future than others is very dangerously deterministic. It’s redolent of Calvinism’s doctrine of the “elect”, those who have already been marked for salvation and eternal bliss, regardless of what they do or don’t do in this life, while the rest of us, however virtuous our mortal deeds might be, will rot in hell. 

Neither Calvin’s determinism nor the Ministry of Justice’s prejudicial database leave any room for redemption. They’re just trying to identify events that will definitely (the former) or are likely to (the latter) happen. Conversely, we live in hope (for some of us a sure and certain hope) of a future in which we can be redeemed, whatever we have done in the past. 

And that’s why I find Minority Report an unsatisfactory analogy for the development of real-life precrime technology. It is a film that is only about determinism, which leaves no room for either free-will or redemption. And that’s applying a form of intelligence that is truly, er, artificial. 

The vital thing is that hope is fulfilled, the prisoners make it to their paradise after worthless lives spent in jail. Justice is seen to be done.

A more helpful movie, richer in its development of these themes – and not just because it’s got the word that I favour in its title - is 1994’s The Shawshank Redemption, based on a novel by Stephen King. Here we have the idea explored that the past isn’t only irrelevant to our futures, but doesn’t even really exist in time in relation to the future. 

It’s bursting with more religious themes even than Clint Eastwood’s spaghetti westerns, which are really only the righteous saviour turning up to defend flawed goodies from evil baddies, again and again. For a start, The Shawshank Redemption is set in a prison, where whole lives are spent atoning for crimes that have or haven’t been committed. See? 

Lifers who are released after decades struggle to cope or kill themselves. The central character, a messianic figure, lives in hope with his convict friend of reaching a beach in the Virgin Islands, while the prison warden describes himself as “the light of the world”, but is assisted by his prisoners in money-laundering – washing clean – his ill-gotten gains. 

I could go on. But the vital thing is that hope is fulfilled, the prisoners make it to their paradise after worthless lives spent in jail. Justice is seen to be done. But the important thing here is that there is no pre-crime determinism. The future, which often looks hopeless, is rolling out towards the possibility of redemption, which ultimately becomes the only certain reality. 

One can dwell on movie plots too long. They are only, if you’ll excuse the pun, projections of life. But it is nonetheless irritating both that a government department with Justice in its title can believe it worthwhile to explore how it might deploy AI to predict who tomorrow’s criminals are likely to be and its critics condemn it by using the wrong dramatic analogies. 

Minority Report was a dystopian thriller that suggests that the future can only be changed by human intervention. The Shawshank Redemption showed us that inextinguishable human hope is in a future we can’t control, but can depend on.     

Anyone who is interested in justice, especially those who work in a ministry for it, might benefit from downloading it.  

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