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 

  

Snippet
Comment
Community
Sport
4 min read

What really happens when the Grand National comes to town?

Enjoy those great experiences but remember the neighbours.

Stuart is communications director for the Diocese of Liverpool.

Smartly dressed people crowd a station platform and stairs.
Racegoers arrive at Aintree station.
Merseyrail.

I love watching the periphery of events. Frequently I will be at a gig and find my eye and mind drifting to what is going on at the fringes of the stage. Security distributing water to the thirsty souls of the mosh pit whilst removing the crowd surfer of crushed individual (who invariably rushes back through the stadium to dive back into the fun). You have the semi interested standing at the back trying not to let a good gig interrupt their conversation. You see the road crew retrieving dropped mics, endlessly swapping guitars and nervously following the antics of the lead performers. It is all part of a community drawn together for a couple of hours, from the passionate obsessive to the mildly involved all being sucked into the occasion. 

And for over 30 years I have watched the very fringe of the world famous Grand National event. My wife has taught at a school about half a mile from the famous racecourse so twice daily we pass it by to and from her workplace. I have been to corporate events, our diocese has even held some there, in the stands so have overlooked the course but I have never nor will I ever attend the race meeting. 

But I am fascinated to look in and see the build-up. 

It starts around February as you start to see the white hospitality marquees being erected. You get the big advertising wraps proudly displaying the meeting’s sponsor. Then this week the TV outside broadcast vans turn up, signs directing people to the correct car parks and drop off points appear and the sense of the scale of operations looms large. 

Then there are the signs that someone like me trying to go about the ordinary business of the week don’t want to see. Road closures, no parking zones, diversions all being signposted telling me that this week will be challenging. Gone are the days then I was able to easily move house on Grand National day snaking past the ground while the horses hurtled round the course. 

Travelling in early on race day mornings you see the workforce that comes in to support the enjoyment of the many on race day. A small army of mostly young people dressed in the white and black of waiting staff decamp from the early Merseyrail trains heading to set up in readiness for the day’s punters.  

That’s the bit I mostly miss but it is when the community kicks in. Hordes of people in cars, coaches and trains descend on the area and while most are fine I know from friends living in the area that problems of low level anti-social behaviour affect many local residents when high jinks and too much alcohol spill over to a lack of self-control. And potentially a lack of respect with the notion that my enjoyment trumps anyone else’s rights. 

To be fair I see this type of things coming out of a gig. The moment the house lights go on the crowd that had not minutes before been singing as one voice to the bands biggest hit become engaged in the understandable desire to get home, to get the car out of the car park. As we boisterously leave the venue hyped up by the adrenalin rush you get from a good gig the signs plea to respect the venue’s neighbours is readily dismissed or overlooked. Of course, that sign doesn’t apply to me. 

Behaviour specialists will have no doubt studied the way this works in more detail and there is some research on how crowds behave which I believe informs safety management. This has got to be a benefit for all. And this may have been how things always were but around these events more and more local communities suffer from the impact of thousands suddenly descending and rapidly disappearing. It is similar to the impetus that has led to a backlash against tourists in cities such as Venice and Barcelona. Yes, these events do bring money into the economy, Taylor Swift’s Anfield concerts brought a great amount of revenue for Liverpool. However, a question would have to be how much that benefits the communities that take the brunt. 

The Grand National is big but not unique. And I hope the hundreds of thousands who visit have a tremendous experience but as they do I also hope that they respect the community that they become and the community they land in. 

Celebrate our 2nd birthday!

Since March 2023, our readers have enjoyed over 1,000 articles. All for free. This is made possible through the generosity of our amazing community of supporters.
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.
Graham Tomlin
Editor-in-Chief