Column
Culture
Justice
Trauma
4 min read

Do victim statements offer up drama or justice?

Recent tragic cases highlight the changing audience for impact statements.

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

A classical court house with a statue on top of a dome.
The Old Bailey.

It’s a lesser-known irony of ancient history that it was Roman Emperor Tiberius who introduced Justitia to the pantheon of the gods, as the goddess of justice. Ironic in that it was Tiberius’s minion, Pontius Pilate, in remote Judea, who had history’s worst day at the office, administering Roman justice so cack-handedly on an insurgent preacher and miracle-worker from Nazareth that he sparked a chain of events on which a whole new system of (at least western) justice was founded. 

Justitia was the antecedent of Lady Justice, whose statue adorns the dome of London’s central criminal court at the Old Bailey – and many other courts besides. She invariably holds the judicial symbols of weighing scales and a sword. And she is often blindfolded, though not on the Old Bailey, despite such constitutional eminences as the shadow justice secretary Robert Jenrick erroneously claiming she is. 

The blindfold, scales and sword symbolise Lady Justice’s impartiality, the primacy of evidence and the equality of all before the law. We’ve grown accustomed to the rule of law in our democracy being applied blindly and without emotion. Convicted murderers are often described as having acted in cold blood and we expect justice to be served on them in the same manner, coldly. 

It’s in that context that I want to examine one way in which Lady Justice is going a bit wrong these days. It’s not about miscarriage of justice, so much as the dispassion of it. I’m talking about the victim impact statement, introduced in the UK in 1996, which comes between conviction and sentencing. 

It was meant to be an opportunity for victims and their families to tell the court of the impact and effects of the crime committed upon them. And, in that sense, to assist the judge or other sentencing authority to deliver an appropriate degree of punishment. So it is about the impact of the crime on those most directly affected by it. 

That appears no longer to be solely – or even in some instances partly – the case. The victim statement now seems to be an opportunity for the irreparably damaged to sound off at the defendant, to vent their pain and anger and contempt for and at the wretched convict. 

Take John Hunt, the BBC correspondent who lost his wife Carol and two of their three daughters, Hannah and Louise, to a multiple murder (and rape) one day last summer. His victim statement was less about the unimaginable effect these crimes have had on him and his surviving daughter, Amy, than about the divine judgment he would wish to call down on the murderer, Louise’s former partner Kyle Clifford. 

It really served no judicial purpose. It’s impossible to conceive that anything Hunt had to say had the slightest influence over the judge’s intention to pass down whole-life terms on Clifford, which he duly did. Its sole purpose seems to have been to allow Hunt to have his day in court, as it were, and who would wish to deny him that? But that does undermine the explicit purpose of the victim statement. 

Hunt himself conceded as much at the start of his statement when he said of his victim statement:  

“I initially misunderstood its purpose. Do I really need to detail the impact  of having three quarters of my family murdered?”  

He’s right – he didn’t. But he saw it as his “final opportunity” to address his family’s murderer. There followed an excruciating and heart-rending verbal attack on the convicted prisoner, culminating with the prophecy of his despatch to hell on his “dying day”:  

“The screams of Hell, Kyle, I can hear them now. The red carpet will come out for you…” 

I can’t know if Hunt would prefer the death penalty to be available to despatch his family’s killer immediately. One suspects he probably does. I oppose it, one reason being that it can leave no room for penance and redemption. We must surely all agree that Hunt gets a free pass on that rationale, but with no more severe sentence available than that which was passed, again we must ask what the purpose of the victim statement was. 

If it is simply to wish a hellish death on the perpetrator, then again we need to ask what purpose is being served and, indeed, if it’s healthy both for the judicial process and for the victim who delivers the statement. 

The same thought arose at a pre-sentencing hearing of the recent Nottingham murderer, when the son of one of the three victims, James Coates, told the killer:  

“Valdo Calocane, you claim the voices told you to kill these innocent people. Now listen to me, kill yourself.” 

Is that about impact? I don’t think so. I fear it has more to do with theatre in a media age that is insatiable for drama. Part of the purpose of the law is to maintain a distance between those affected emotionally and those who have committed crimes against them. 

Remove that and we reduce not only some of the justice for criminals to mere spectacle, but also in some degree respect for their victims and, indeed, the quality of mercy. 

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Article
Community
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Generosity
Psychology
7 min read

Is empathy really a weapon?

Musk and Fonda disagree on whether empathy is a bug or a feature.
A montage shows Elon Musk wielding a chain saw, Jane Fonda flexing her muscles and Hannah Arendt smoking.
Wordd Wrestling Empathy.

You may have heard that you can kill a person with kindness, but in recent weeks have you also heard that you can bring about your own death through empathy? In an interview recorded with podcaster Joe Rogan in February, Elon Musk added his voice to a cohort of American neo-capitalists when he claimed, “We've got civilizational suicidal empathy going on” and went on to describe empathy as having been “weaponized” by activist groups.  

“The fundamental weakness of western civilization is empathy, the empathy exploit… they’re exploiting a bug in western civilization, which is the empathy response.”  

In recent weeks empathy has become one of the hot topics of American politics, but this is not the first time that Musk has shared his thoughts about empathy, and it should be noted that on the whole he is not really against it. Musk identifies, rightly, that empathy is a fundamental component of what it means to be human, and in previous interviews has often spoken often about his vision to preserve “the light of human consciousness” – hence his ambition to set up a self-sustaining colony of humans on Mars.  

But he also believes that empathy is (to continue in Musk’s computer programming terminology) a vulnerability in the human code: a point of entry for viruses which have the capacity to manipulate human consciousness and take control of human behaviours. Empathy, Musk has begun to argue, makes us vulnerable to being infected:  

"The woke mind virus is fundamentally anti-science, anti-merit, and anti-human in general. Empathy is a good thing, but when it is weaponized to push irrational or extreme agendas, it can become a dangerous tool." 

Strangely, on certain fundamentals, I find it easy to agree with Musk and his contemporaries about empathy. For example, I agree that empathy is essential to being human. Although, far from empathy leading us to “civilisational suicide”, I would say it is empathy that saves humanity from this fate. If consciousness is (as Musk would define it) the brain’s capacity to process complex information and make a rational and informed choices, then empathy, understood as the ability to anticipate the experiences, feelings, and even reactions of others, is a crucial source of that information. Without empathy, we cannot make good decisions that benefit wider society and not just ourselves. Without it, humanity becomes a collection of mere sociopaths. 

Another point on which Musk and I agree is that empathy is a human weak point, one that can be easily exploited. Ever since the term “empathy” was coined in the early twentieth century, philosophers and psychologists have shown a sustained fascination with the way that empathy causes us to have concern for the experiences of others (affective empathy), to think about the needs of others (cognitive empathy), and even to feel the feelings of others (emotional contagion). Any or all of these responses can be used for good or for ill – so yes, I agree with Musk that empathy has the potential to be exploited.  

But it is on this very question of who is exploiting empathy and why, that I find myself much more ready to disagree with Musk. Whilst he argues that “the woke mind virus” is using empathy to push “irrational and extreme agendas”, his solution is to propose that empathy must be combined with “knowledge”. On the basis of knowledge, he believes, sober judgement can be used to resist the impulse of empathy and rationally govern our conscious decision making. Musk states: 

“Empathy is important. It’s important to view knowledge as sort of a semantic tree—make sure you understand the fundamental principles, the trunk and big branches, before you get into the leaves/details or there is nothing for them to hang on to." 

What I notice in this system is that Musk places knowledge before empathy, as if existing bits of information, “fundamental principles”, are the lenses through which one can interpret the experiences of another and then go on to make a conscious and rational judgement about what we perceive.  

There is a certain realism to this view, one that has not been ignored by philosophers. The phenomenologists of the early twentieth century, Husserl, Heidegger, Stein – those who first popularised the very idea of empathy – each described in their own way how all of us experience the world from the unique positionality of our own perspective. Our foreknowledge is very much like a set of lenses that strongly governs what we perceive and dictates what we can see about the world around us. The problem is: that feeling of foreknowledge can easily be manipulated. To put it another way – we ourselves don’t entirely decide what our own lenses are.  

To graft this on to Musk’s preferred semantic tree: empathy is a means by which the human brain can write brand new code. 

In The Origins of Totalitarianism, another great twentieth century thinker, Hannah Arendt, explored how totalitarian regimes seek to control not just the public lives but also the thought lives of individuals, flooding them with ideologies that manipulate precisely this: they tell people what to see. Ideologies are, in a sense, lenses – ones that make people blind to the unjust and violent actions of a regime:  

"The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated communist, but people for whom the distinction between fact and fiction, true and false, no longer exists." 

A big part of the manipulation of people’s sense of foreknowledge is the provision of simplistic explanations for complex issues. For example, providing a clearly identifiable scapegoat, a common enemy, as a receptacle of blame for complex social and economic problems. As we know all too painfully, in early twentieth century Europe, this scapegoat became the Jewish people. Arendt describes how, whilst latent antisemitism had long been a feature of European public life, the Nazi party harnessed this this low-level antipathy and weaponised it easily. People’s sense of foreknowledge about the “differentness” of this group of “outsiders” was all too manipulable, and it was further cultivated by the Nazis’ use of “disease”, “contagion” and “virus” metaphors when speaking about the Jews. This gave rise a belief that it was rational and sensible to keep one’s distance and have no form of dialogue with this ostracised group.  

But with such distance, how would a well-meaning German citizen ever identify that their sense of foreknowledge about what it meant to be Jewish had been manipulated? Arendt identified rightly that totalitarian systems seek to eliminate dialogue, because dialogue creates the possibility of empathy, the possibility of an exchange of perspectives that might lead to knowledge – or at least a more nuanced understanding of what is true about complex situations. 

When I look at Musk’s comments, I wonder if what I can see is a similar instinct for scapegoating, and for preventing dialogue with those who might provide the knowledge that comes from another person’s perspective. In his rhetoric, the “woke mind” has been declared a common enemy, a “dangerous virus” that can deceive us into becoming “anti-merit” and “anti-human.” In dialogue, those who claim to be suffering or speaking about the suffering of others might be enabled to deploy their weaponized empathy, trying to make us care about other, to the potential detriment of ourselves and even wider humanity’s best interests. Therefore, it is made to seem better to isolate oneself and make rational judgements on behalf of those in need, firmly based on one’s existing foreknowledge, rather than engage in dialogue that might expose us to the contagion of wokeness.  

Whilst this isolationist approach appears to wisely prioritise knowledge over empathy, it misses the crucial detail that empathy itself is a form of knowledge. The experience of empathising through paying attention to and dialoguing with the “other” is what expands our human consciousness and complexifies our human decision making by giving us access to new information. To graft this on to Musk’s preferred semantic tree: empathy is a means by which the human brain can write brand new code.  

In these divisive and divided times, there are, fortunately, those who are still bold enough to make the rallying cry back to empathy. At her recent acceptance speech for a Lifetime Achievement Award, actor and committed Christian Jane Fonda spoke warmly and compellingly in favour of empathy:  

“A whole lot of people are going to be really hurt by what is happening, what is coming our way. And even if they are of a different political persuasion, we need to call upon our empathy, and not judge, but listen from our hearts, and welcome them into our tent, because we are going to need a big tent to resist successfully what's coming at us.”  

Fonda’s use of the tent metaphor, I’m sure, was quite deliberate. One of the most famous bible passages about the birth of Jesus describes how he “became flesh and dwelt among us.” The word “dwelt” can also be translated “tabernacled” or, even more literally, “occupied a tent” among us. The idea is that God did not sit back, judging from afar, despite having all the knowledge in the world at his disposal. Instead, God came to humanity through the birth of Jesus, and dwelt alongside us, in all our messy human complexity.  

Did Jesus then kill us with his kindness? No. But you might very well argue that his empathy led to his death. Perhaps this was Musk’s “suicidal empathy.” But in that case Musk and I have found another point about empathy on which we can agree – one that is summed up in the words of Jesus himself: “Greater love has no one than this: to lay down one’s life for one’s friends.”   

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If you’re enjoying 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.

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