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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
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Film & TV
Truth and Trust
5 min read

Impartial journalism isn’t possible for the BBC – or anyone else

It’s time to give up the ghost and opt for transparency over impartiality

Lauren Windle is an author, journalist, presenter and public speaker.

A wide angle view of the BBC newsrooms show a starm layout of desks
The BBC newsroom.
BBC.

I wrote 3,000 words explaining the differences between a complementarian and egalitarian relationships – loosely these are the two categories that determine a couple’s position on male headship and female submission in a Christian marriage. I have my opinions, sure. But in this piece, I was neutral. I clearly laid out the arguments for and against each, explained the history, context and nuances, all to equip the reader to make their own mind up.  

I proudly handed the piece to my editor highlighting the careful tightrope of neutrality I had walked. She hesitated: ‘Well, I guess. But it’s clear what position you take.’ I was crushed, all the delicate phrasing and open-handed descriptions and I was still as transparent as the Shard on window clean day. 

No matter how hard we try to present balanced arguments, there is no such thing as unbiased reporting. Even when trying to be ‘fair’ in the way we present a story, we always bring our own perception of ‘fairness’ to the table. And without the wisdom of Solomon (in the cut-the-baby-in-half era), we’re not going to consistently get it right.  

I’ve been a journalist for some years but I’ve never worked in an organisation that claims to be impartial, bar a week’s internship at Science in Action on BBC World Service. I have, however, worked for publications that don’t share my political views. And even with the mandate to write in ‘house style’ there are many subtle decisions a journalist can make to skew reporting towards their personal opinion. 

Phrasing is everything. Am I saying they ‘protested’ or ‘rioted’? Is it ‘reform’ or a ‘crackdown’? Are they an ‘immigrant’, ‘asylum seeker’, ‘refugee’ or ‘expat’? Did she ‘splash around in her swimsuit’ or ‘flaunt her curves on the beach’? There is no neutral choice of words or phrasing. Every micro-decision a journalist makes is based, consciously or unconsciously, on the perspective that they have and are trying to impart on you.  

Then there’s choosing which topics to write about in the first place, selecting sources to quote from and statistics to reference and deciding how to frame the headlines. With the vast body of data available online, you can always find a person or stat to back up your belief. None of this can be done without a hint of your own background, culture, and worldview. 

It is through this lens – my belief in the fallacy of impartiality – that I’ve followed the latest fallout at the BBC. After an internal dossier was leaked, it came to light that a Panorama documentary called ‘Trump: A Second Chance?’ that was broadcast not long before 2024’s presidential election, had misleadingly edited a speech he made on January 6 2021. The speech was spliced in such a way as to suggest he had egged on the assault on the Capitol. Shamir Shah, the BBC chairman, acknowledged the fault and said that the editing ‘did give the impression of a direct call for violent action.’  

The BBC has always been plagued by allegations that it is not living up to its Royal Charter legally requiring it to be impartial. Interestingly, there are many examples of these complaints coming in from both the left and right sides of the political spectrum. The term ‘impartiality’ in this context doesn’t mean stripping all viewpoint from its reporting, as the organisation acknowledges the impossibility of that task, but it does say that it strives for balance, fairness and due weight. This is a standard they fell short of in their reporting of Trump’s address. 

In this, it is undeniably at fault. Even the most questionable of news outlets, that do publish quotes out of context, would acknowledge that knowingly editing or adapting quotes and footage to support their own agenda is totally unacceptable. Regardless of a reporter’s own opinion, readers and viewers want to hear a person speak in their own words.  

The wider question this raises for me is: why we are still claiming any news outlet is impartial in the first place? There’s a sense of safety with both right- and left-wing media, that openly acknowledges its own agenda. If you pick up the Guardian, you understand that you are reading about the world from a socially liberal political stance while tuning into GB News where they champion British values and challenge ‘woke culture’ will bring you something very different. 

I think the BBC as an institution is brilliant, important and necessary but not impartial. When people decry the reporting choices or phrasing of BBC reporting as biased, my response is always ‘what do you expect?’. There are important checks and balances, like rights of reply and offering opposing positions, that help round out a story, but they don’t strip it of opinion. I think it’s time to give up the ghost and opt for transparency over impartiality. 

The honest response is to acknowledge that, like every other person who relays a story, the BBC cannot resist the siren call of opinion. To claim it can, when audiences can plainly see the inconsistencies across its platforms, is both disingenuous and outdated. Instead, perhaps they could work to a mission statement along these lines: ‘We are committed to fairness, accuracy, and transparency. We value robust reporting and careful fact checking. We recognise that complete neutrality is impossible, but we strive to reflect the world as truthfully and inclusively as we can.’ This transparency would at least free up 90 per cent of people who write in to BBC’s Point of View to complain about its reporting.  

Years ago, I was in conversation with the deputy editor of one of the big tabloids when he said that, while he thought his paper was great, no one should use it as their sole source of news. I appreciate his transparency. I think if any of us only consume news from one outlet, even if that is the BBC, we are selling ourselves short. Our pursuit of and clamouring for ultimate truth is a God-given and spiritual desire, so the wise would vary their sources. 

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