Article
Comment
Conspiracy theory
Freedom
Justice
4 min read

Why free speech might just need a crime of passion defence

Horrific crimes against our humanity tell us we must protect our freedoms, not constrict them.

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

A protester stands with back to the camera, his baseball hat is turned backwards, it reads 'freedom'.
Gayatri Malhotra on Unsplash.

One of the silliest legal defences ever must be the “crime of passion”. Or crime passionnel, as the French knew it for centuries, which should really appear on a menu as one of those haute cuisine desserts they so adore, featuring poached passion fruits in Chantilly sauce: “Non, garcon, tenez-vous la Crepe Suzette. Aujourd’hui je voudrai la crème passionel, s’il vous plait. Et vite – ma femme arrive bientot.”

But to digress in a first paragraph is a crime journalaise, which incidentally is a piece of Franglais that should apply to everything in Le Figaro. So back to crimes of passion. The idea was that an act of spousal infidelity could arouse such a passionate rage that the romantic interloper deserved what they got. First-degree murder could be downgraded to manslaughter, because obviously there can be no malice aforethought in the heats of passion. 

The crime of passion’s bastard offspring is the “gay panic defense”. Note the tell-tale “s” there (though, breathtakingly, interpretations of this defence remain available in both the UK and the US). It runs that a defendant may allege to have found a same-sex sexual advance so offensive or frightening that they were provoked into murdering or otherwise injuring their alleged seducer. Victim-blaming or what?  

Anyway, we might want to dust off crime of passion defences because a leaked report from the Home Office suggests that the definition of extremism in law could be extended to cover “extreme misogyny”, “environmental extremism”, “left-wing, anarchist and single-issue extremism” (it even has its own acronym, LASI) and “conspiracy theories”. 

Now, I’m all for catching misogyny before anyone gets hurt, but all these things are covered by existing laws. And some of them are just plain bonkers. Were I to be charged with holding an extremist environmental opinion or an extreme left-wing, anarchist or single-issue view, I think I’d want to say that it was a crime of passion.  

By which I would mean that there was no malice aforethought because I was acting in the heats of passion for my cause at a time when my balance of mind was impaired. Otherwise, I could get nicked for simply thinking or saying something. Sticks and stones and all that.

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things.

To adopt Serious Face for a moment, I’m aware that hate crimes are a very big thing indeed. How could it be otherwise when we’ve just commemorated Holocaust Memorial Day. And we’ve also the other week had the sentencing of someone – I wouldn’t even spellcheck his name – for the murder of three little girls in Southport. 

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things. Our concentration should be on that prevention, not the forbidding of attitudes that might (but probably won’t in the vast majority of cases) lead to a violent crime. 

Don’t get me started on Non-Crime Hate Incidents (NCHIs). Oh, you just did. Telegraph columnist Allison Pearson was visited by police last Remembrance Sunday and, surprisingly for someone who has built a career on telling snowflakes to grow a spine, came over all oppressed and persecuted. They were following up a photo she’d posted, claiming it was of Metropolitan Police posing with what she called “Jew-haters” at a London rally in support of Palestine. 

In reality, the photo was taken in Manchester and featured Pakistanis, not Palestinians. There was a clue in their flag having “Pakistan” written on it. But that makes her not a very good journalist. Not a bad, far less a criminal, person. 

A saying usually ascribed to St Augustine, in one of his letters, is that we are to “hate the sin and love the sinner”. Similarly, we must try to hate the crime, but love the criminal. That must remain humanly impossible for the crimes already mentioned in this column. (Though, astonishingly, history records some Jews finding it in their hearts to forgive their Nazi persecutors). 

But we acknowledge that this is where the gospel bar is set. We’re to love our enemies, even if we don’t like them and we condemn their actions. In practice, that means preventing crime in law and holding perpetrators to justice. What it does not mean is going after people who say hateful and stupid things, while other people are actually doing hateful things. The former may and should be about sound intelligence gathering; the latter is effective policing. 

This principle is rooted in our culture, founded on the golden rule of loving our enemies and our neighbours as ourselves. There’s always room for forgiveness as well as justice, as crimes of passion demonstrate.  

And if that sounds recklessly self-sacrificial, we might look at the Passion of Christ and the crimes of passion that were committed during it. As he said himself, tout est accompli.  

 

* "No, boy, hold the Crêpe Suzette. Today I would like the passion cream, please. And quickly – my wife is coming soon." 

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Article
Culture
Justice
Trauma
4 min read

Why are we so obsessed with true crime?

Our prurience often mistakes curiosity for compassion

Jamie is Vicar of St Michael's Chester Square, London.

Crime scene tape
Joshua Coleman on Unsplash.

Last month, Terry Barnes wrote in The Spectator about the ‘Trial of the Century’: that of Erin Patterson, a middle-aged Australian woman accused of murdering a dinner party-full of people with deadly mushrooms. 'All this week, on unusually cold and frosty southern Australian winter mornings, pre-dawn queues of rugged-up and puffer-jacketed hopeful spectators formed outside the rural courthouse, breath steaming in television spotlights as people stamped their feet to stay warm.' 

Journalists covering the ongoing trial compete with those spectating - and reporters have flown in from around the world to an obscure, otherwise undisturbed country town. The general fascination mirrors the streaming charts, where you don’t need to be Sherlock Holmes to observe a pattern in what’s hot. True crime – whether recreated on TV or happening in the courts - is having a moment.  

The attention of criminologists, the press, law enforcement and the justice system on real life cases such as Patterson’s is paramount. But is ours? 

A voracious appetite for true crime isn't new. In St Augustine's Confessions, he writes about a friend called Alypius who resisted peer pressure to go into the gladiatorial amphitheatre. Augustine writes about his friend being dragged in: 

'When they arrived and had found seats where they could, the entire place seethed with the most monstrous delight in the cruelty.' 

Alypius kept his eyes closed, but eventually gave in to the spectacle: 

'As soon as he saw the blood, he at once drank in savagery and did not turn away. His eyes were riveted. He imbibed madness. Without any awareness of what was happening to him, he found delight in the murderous contest and was inebriated by bloodthirsty pleasure.' 

Alypius' story is one of being freed from this addiction, but there's still a thirst for blood today in the arena of both true crime and cancel culture. The human condition, as well as being predisposed to voyeurism, is closer to William Golding's Lord of the Flies than we'd like to admit. It doesn't take much displacement of order for chaos to unravel. 

And this is why we're so fascinated: that true crime is true. The whodunnits of Agatha Christie have kept people entertained for decades, but truth is stranger than fiction. The perpetrators aren't ridiculous 2D villains and monsters, but men and women who for whatever reason have given themselves over to darkness. The mixture of motives, methods and mania aren't easily unscrambled, so we like the serialisation. The devil is in the detail, and it takes time to pore over. 

The Russian author and dissident Aleksander Solzhenitsyn, when he was sent to the gulag, gradually solved his own puzzle: that evil can be observed, but it is much closer than we think: 'Gradually it was disclosed to me that the line separating good and evil passes… right through every human heart—and through all human hearts. This line shifts. Inside us, it oscillates with the years. And even within hearts overwhelmed by evil, one small bridgehead of good is retained. And even in the best of all hearts, there remains … an un-uprooted small corner of evil.’ 

Even so, we don't like to admit that sobering reality, or nuance. We like to think we're on the side of justice. We confuse curiosity with compassion. But the Netflix shows, podcasts and twists and turns of the courtroom upend our 'just world hypothesis': we see that justice often isn't fully served in this life, making us wonder if it might be possible eternally. 

Then there's also the reality of truth being contested. The prophet Isaiah writes of a time where 'Justice is turned back, and righteousness stands far off. For truth has stumbled in the public square, and honesty cannot enter.’  

Perhaps our thirst here is not just for all the gory details, but for justice and truth. It's a theme picked up by St John in the New Testament, writing 'And this is the judgment: the light has come into the world, and people loved the darkness rather than the light because their works were evil. For everyone who does wicked things hates the light and does not come to the light, lest his works should be exposed.' Jesus declares later in this same gospel: 'I am the light of the world. Whoever follows me will not walk in darkness, but will have the light of life.’ 

The only way we can begin to make sense of evil is to consider one who absorbs our darkness, absorbs all darkness, and yet remains light, even against the backdrop of our world’s darkness.  

So what's the right balance? Can I enjoy a true crime show and be filled with light? The tipping point will probably be different for each of us. St Paul, himself a victim of injustice, writes from his prison cell: 'whatever is true, whatever is noble, whatever is right, whatever is pure, whatever is lovely, whatever is admirable—if anything is excellent or praiseworthy—think about such things.’ 

This isn't a call to turn a blind eye to evil. Paul isn't escaping his prison cell with escapism. He is starkly, soberingly honest about the nature of his own sin and its pervasive, polluting quality in the human condition. And we all have a responsibility to one another to detect, be vigilant and call out where there's injustice. To be ready for it. Our world is in a mess because of blind eyes and burying heads in the sand. Jesus quite clearly says he brings that light to expose the darkness. But meditating on and marinating in darkness as entertainment? That is something different.  

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