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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 

  

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Leading
Politics
3 min read

My problem with the polls

Chasing the polls hobbles the leadership we really need.

Jean Kabasomi works in financial services in London. She also writes and broadcasts. 

A graphic shows two political opinion poll questions and bar graphs.
Political opinion polls.
YouGov.

Recently reviewing the media’s coverage of the riots in the UK, I came across an article in The Telegraph that both surprised and annoyed me. It outlined an opinion poll conducted on the government’s response to the riots. It claimed that 49 per cent of the population were unhappy with the Prime Minister’s response to the riots. 

Now, you might be wondering why I was annoyed by the article. For me, IF opinion polling is to be used it has three principal applications. First, it might be used to understand how people intend to vote in an upcoming election. Secondly, polling might be used to inform governments or public organisations. They might want to understand how a policy could impact the general populus or a specific group of people. Or measure whether a policy is having its intended impact or not. Lastly, polling might be used by a government to gauge how its overall programme is being received by the population it was elected to serve.  

Polling, in my view, is not supposed to be used   to ask the general public about the day-to-day functioning and decision-making of a recently elected government. Again, you might wonder - why does this matter?  

Well, you don’t need to be a polling expert to know that trust in politicians in developed democracies around the world is at an all-time low. The prevailing view is that politicians are out for themselves, lack integrity, do not believe in anything in particular.  They are happy to provide their opinion based on whichever way the wind is blowing.  

The blame for this is often placed at the feet of those politicians. The argument is that the calibre of people choosing politics is far lower than it has been in previous generations. As such we have a group of leaders who do not believe in what they tell us. Others argue the toxic culture of social media, the overall decline in moral standards in Western democracies and the rise of the culture of the individual, also contribute to fewer common norms on moral expectations.  

All of these are true and do intensify the situation we find ourselves in. But I think there might be a more fundamental problem that is rarely addressed. Instead of politicians getting on with the job they have been elected and therefore delegated to do, they are constantly trying to please people instead of serve people. 

Politicians are having to constantly try and not say the wrong thing on social media or in a tough interview. They are, more and more being urged to respond to polls (often commissioned by the media) and the resulting stories about the day-to-day functioning of government. In any sphere of life, it is virtually impossible for any leader to make a good decision if they are constantly forced to question whether they are making the right decision not because it might harm the people they are leading or serving but because it might not be received well.  

If we want the calibre of our politicians to improve, our current crop needs the freedom to govern, oppose and lead without the need to please us. 

Both Jesus and St Paul spoke of the contrast in pleasing people instead of being led by God (or your convictions). Jesus said that you cannot serve two masters. You will either hate one and love the other or be devoted to one and despise the other. Here, the contrast in question is between money and God. But the principle remains the same. Politicians cannot govern effectively if they are trying to win a popularity contest at the same time.  

This does not mean that politicians should not be held accountable. They should be able to explain and justify the policies and decisions they make within the confines of the system that they have been elected into. In the UK, this includes Parliament, engagement with constituents, in-person surgeries and meetings, party management, and dialogue and examination by the media. It should not include weekly polling data which seems to serve the purpose of generating cheap content and fleeting headlines.  It prevents the politicians from taking difficult but necessary decisions and stifles debate on challenging topics.  

If we want the calibre of our politicians to improve, our current crop needs the freedom to govern, oppose and lead without the need to please us. They need to feel compelled to serve us. Not only will this lead to better decision making but it will also encourage ‘stronger’ candidates to enter politics knowing that they have the freedom to contribute to a better society for all.