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.

Edward Smyth

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.

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

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13 September 2024

7 min read

Living sustainably doesn’t have to be a burden, here’s the case for action

How not to get hot and bothered about climate change.

Barnabas Aspray

Barnabas Aspray is Assistant Professor of Systematic Theology at St Mary’s Seminary and University.

A protester holds up a green sign reading: 'It's hard to be green. Kermit'.

Markus Spiske on Unsplash.

The fundamental tenets of Christianity show why Christians are called to love not just one another but all created things.

1. God is love.

2. God created everything.

Therefore, God loves everything he created.

3. God appointed humanity as the guardians of creation.

Therefore, a fundamental part of our identity and calling as human beings is to protect and sustain all that God created.

This lies at the basis of everything Christians believe and do. But a case can be made that is more basic still because it appeals, not to anything distinctively Christian, but to natural human wisdom. The climate crisis is not a Christian crisis. It’s a crisis for everyone who cares about their future and that of our planet. The climate crisis may be something unprecedented in the history of humanity, but the principles that are needed to resolve it are not new at all. Sustainability is not a new or particularly abstruse idea. It is something everyone understands as basic common sense. If I cut down trees faster than they can grow, I won’t be able to do that forever. One day I will cut down the last tree and then there won’t be any more trees, ever again. If I catch fish faster than they can reproduce, then one day I will catch the last fish and then won’t be able to catch any more ever again.

But it’s not only about foresters and fishermen. Since the dawn of humanity, we have been living sustainably – wisely preserving resources and using only what we can replace, so that we and our descendants can continue to live. This applies to everyone regardless of their profession. All of us, if we spend more money than we earn, are living in a way that cannot last for long. If we use resources at a faster rate than we can replenish them, we will run into trouble at some point in the future. Every person possessed of reason and common sense knows this intuitively without having to be taught it. Only someone seriously deluded, foolish, or with some kind of mental health problem fails to understand the need for sustainability in order to have any kind of future at all, let alone a pleasant future.

The call to live sustainably can lead us to feel burdened by a permanent sense of guilt, a feeling that we ought to be doing more than we are...

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We are burning fossil fuels at hundreds of times the rate they can be produced. We are producing plastics that cannot be recycled, meaning we have to dump them in landfills that are growing all the time. We are pouring carbon dioxide into the air faster than anyone can take it out. All of these things mean that there is a time limit on the kind of lifestyles we are all leading now. If we carry on in this way, then one day we will cross a line from which there is no returning. As Mark Scarlata has pointed out, the solution cannot be technological. Even if we find a way to balance carbon outputs with inputs, we are only kicking the can further down the road. Our inability to live within our means will simply resurface somewhere else later on. The problem is spiritual, not technical.

Everyone understands this at some level even if it’s the kind of truth from which we prefer to avert our eyes. The harder problem is to understand why this basic common sense isn’t proving effective. Why are we living collectively in a way that only a foolish or insane person would live, when most of us taken by ourselves are neither foolish or insane?

The problem, at least in part, is that we are all entangled in systems that make it very hard for us to live sustainably. If I am an ordinary Brit living in an ordinary town or city, and I need to buy toothbrushes or nappies or cucumbers or strawberries, I go to the local supermarket: and the only options available are made of plastic or wrapped in plastic that will not decompose for 500 years, and often brought here from the other side of the world using huge amounts of carbon emissions. Most of us are busy people with limited financial resources. We don’t have the time to find sustainable alternatives and often they are too expensive even if we can find them. The societal structures that we live in limit the choices we have. The call to live sustainably can lead us to feel burdened by a permanent sense of guilt, a feeling that we ought to be doing more than we are, but also an inability to see how we could be doing more given all the pressures, needs and constraints on our time and money.

Christians do not naively believe that God will sweep in and fix everything if we just wait. That would be to deny our responsibility, and it is not what hope means.

We are all culprits in part, since we all contribute to non-sustainable living. But we are also partly victims of forces beyond our control, large cultural forces that shape and determine our actions more than we can imagine. We have very little power over those structural forces and currently things do not look good. Common sense principles aren’t working. The climate crisis is only getting worse. So, what do we do?

It is at this point that Christianity has something special to offer to the problem.

First, Christians are never called to be defeatist or to throw in the towel. This is because we are called to an enormous hope, a hope that surpasses understanding, a hope that the world cannot understand because it stands over against all the odds and all the possibilities. This hope is rooted in the conviction that our God is God Almighty, that he has not abandoned his creation, and that he has power to save. He is a saviour. He is the God of our salvation. This is the God we believe in. The climate crisis may look bleak right now, but Christians need never despair or become indifferent. If we do our small part, we can trust that God is in control of what is out of our control.

Secondly, Christians believe that every human being is a free agent with the capacity to choose how he or she will act. Our freedom may be limited by the societal structures that shape and constrain our choices, but it is not destroyed. We can still make choices within those limits to buy and live more sustainably – anything from choosing a holiday destination within driving distance, to giving up beef (by far the worst food for carbon emissions). There is something all of us can do.

Thirdly, Christians believe in a God who transforms hearts and lives, winning them to the power of the gospel and to a new way of living that is free of the shackles that this world – the structures of society – puts on us. This transformation is slow – slower than we would like it to be sometimes. We feel the shackles still gripping us at times. We are not expected to change everything all at once, to become holy overnight. Nevertheless, God gives us the power to change our lives, and to become part of the solution rather than part of the problem. The way towards sustainable living is not to try to change everything at once, but to ask: what one thing can I change in my daily lifestyle that would make it more sustainable? And then once we’ve mastered that and integrated it so we no longer even think about it and it’s just a default, then we can ask: what’s the next thing I can do? All of a sudden what looks like an unimaginable height of transformation, when it is broken down, becomes a series of manageable steps.

Even if we do everything in our power, we cannot by ourselves avert a possible catastrophe. We are small players in a big game. Christians do not naively believe that God will sweep in and fix everything if we just wait. That would be to deny our responsibility, and it is not what hope means. Hope means the opposite: that we continue to fight to avert climate disaster even when it seems hopeless. Christians are called to be part of the solution rather than part of the problem. We are called to live in such a way that, if catastrophe comes, it won’t be because of us – to live in hope that our actions are meaningful and worthwhile and that we are in the hands of a God who is far more powerful than the most powerful forces in this world.