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
Friendship
Virtues
4 min read

As algorithms divide us, who should we be loyal to?

An ethicist’s answer, shows we need courage and wisdom too.

Isaac is a PhD candidate in Theology at Durham University and preparing for priesthood in the Church of England.

Three people sitting looking out over viewpoint are silhouetted against the sky.
Priscilla Du Preez on Unsplash.

What is loyalty? As we plunge into this new year of 2025 it seems as pressing a question as ever. The war in Ukraine rumbles on, a fresh Labour government continues to struggle with public opinion, and America returns to the unpredictable rule of the first president in its history to be a convicted felon. The algorithms of social media continue to segregate and amplify different audiences into ever more closed feedback loops and echo chambers. This may bolster loyalty to a point of view, but estrange us further from our friends and neighbours whose loyalties lie elsewhere. All of these and many other cases highlight the conflict of loyalties in our society and wider world. What is even more obvious is that if we are to make peace, cultivate love for enemies, and pursue the common good, then perhaps the most in-demand virtue of 2025, at the top over every wish list, might just be loyalty.  

But what really is loyalty?  

I was struck by a persuasive answer given by Dr Tony Milligan, research fellow in philosophical ethics at King’s College London, during his appearance on a recent episode of The Moral Maze on BBC Radio 4 that asked ‘is loyalty a virtue or a vice?’ He said loyalty is, “Sharing another person’s commitments and the willingness to go through various kinds of adversity in order to pursue those commitments and to further them.” Under cross examination and asked if loyalty is then an absolute virtue he responded, “I think that it’s absolute in the sense that we absolutely need to have it, that it’s basic to the human condition and not optional.” His second interrogator, Giles Fraser, then suggested a ‘high doctrine of mates’. In this doctrine you are loyal to your mates in all circumstances, even if they are ‘wrong-uns’. Dr Milligan’s response, when asked how he would characterise this ‘doctrine of mates’ position, was fascinating: “Addiction.” Fraser then asked if that addiction could be love. “It’s a case of love, and we don’t get to choose the people that we love. We find ourselves in the predicament and then try to make the best of it…I love my wife Susanne, I’ve been with her 31 years, and it’s love, and it’s also addiction. I just can’t envisage a world in which I would be without her.” This framed Dr Milligan’s final powerful point: love, and the loyalty which love entails, gives us our sense of value.  

I can bear witness to the truth of Dr Milligan’s intertwining of love and loyalty. Last autumn I became a father for the second time. My love for my eldest is so great that there was a real question: ‘if my love for my eldest is so total, so all encompassing, how can I possibly love a second as much?’ This question melted away as I gazed into her screwed-up face, moments after she entered the world. I am completely dedicated to ensuring that she flourishes and I would “go through various kinds of adversity in order to pursue” her flourishing. As Dr Mulligan also said, loyalty “is basic to the human condition and not optional.” Of course, how this total and non-zero-sum loyalty of love to both of my children actually works in practice requires of me thoughtful negotiation. If one wants to go to the park and the other wants to go to the swimming pool I cannot split in two and do both things at once. Loyalty, as finite human beings, requires wisdom in living in the middle of a messy network of demands and desires, of the preferences and needs of others. 

If loyalty is then one thing, it is the willingness to recognise that we are tied to other people, whether we like it or not. Cain’s question to God, when God came looking for Abel, is still pertinent: “Am I my brother’s keeper?” Perhaps the greatest disloyalty is the implied ‘no’ in Cain’s rhetorical question. In denying that he is bound to his brother he is disloyal not only to Abel, but to himself because he denies his own humanity and isolates himself from the humanity of other people. If we isolate ourselves, having loyalty only to ourselves, we lose the joy of being fully human. If we simply kill those we dislike, whether literally (in war or murder) or metaphorically (‘unfriending’, cancelling, pretending they do not exist), then we follow Cain. Loyalty, as the tie that binds us to the messiness of the real world where people vehemently disagree all the time, requires not only wisdom then but courage also. It takes courage to commit to one person in marriage. It takes courage to raise a child. It takes courage to continue to talk with and to love those with whom you deeply disagree.  

When practising our 2025 New Year’s resolutions let us make sure that amongst the commitments to get back to the gym and practice that new hobby that we remember to practice loyalty. Loyalty not only to those we love, but to those we might come to love. Let us be wise enough and brave enough to be fettered to those with whom we disagree, loyal to the humanity that binds us together.

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