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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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6 min read

Is the Premier League too much of a good thing?

A weary look ahead to the new season.
Four footballers stand arms crossed looking expectant and confident.
Premier League.

Well, it’s the time of year again when my emotional well-being is governed by the weekly performance of Liverpool Football Club. Yes: the Premier League is back!  

The start of a new season is usually abuzz with the excitement of possibilities. So many questions, so many possible outcomes. What will life look like after Jürgen Klopp? Will we win the league? Will we ever sign a defensive midfielder? This should be an exciting time for any football fan; a time of hope, of daring to believe this really is your year. 

So, why does the start of the season fill me with such dread this year?  

Normally as the season starts, I know when all the games are; who Liverpool are playing, where, and when. I’ve watched Liverpool’s pre-season friendlies to see if we’ve changed formation or made tactical tweaks. I’m up to date with all the players bought and sold by clubs across the league.  

Not this year. This year the season has caught me completely off guard and I’m finding the prospect of yet another year of football hard to process. I was invited to join a work fantasy football league this week and, honestly, the thought of it made me want to cry.  

When did the sport I love so much begin to feel like such an obligation? Why does being a football fan feel like such hard work? 

I think I’m just tired of football. No, not tired. Fatigued. Exhausted.  

Or, more accurately, football itself – the sport – is fatigued. As though it’s been drained of all enjoyment. 

As television, rather than sport, football inevitably lives in the aftermath of the ‘HBO effect.’ 

There are all sorts of reasons for this. To start with one of the more obvious ones, Video Assistant Referees (VAR) have turned football into a glorified science project. It’s now a common occurrence for matches to be stopped for extended periods while three men in a portacabin miles away from the game pull out their CGI rulers. All to determine if an attacker has a toenail offside, so they can gleefully disallow a goal and congratulate themselves on a job well done. The line between ‘being right’ and ‘doing right’ is blurred more than ever as commentators bemoan the increasing gulf between ‘the laws of the game’ and ‘the spirit of the game.’  

The standard and nature of refereeing in English football certainly isn’t helping my enjoyment of it. But it’s only part of a wider problem.  

But there’s a truth about football that many football broadcasters and organizations don’t want to face. 

Football is now primarily a televised commodity - content. Most football fans across the globe engage with the sport primarily through a screen, rather than at a stadium. As television, rather than sport, football inevitably lives in the aftermath of the ‘HBO effect.’ 

Prestige HBO shows like The Sopranos, The West Wing, The Wire, Game of Thrones (and countless others besides) have shaped the landscape of TV and, by extension, the culture around us. No longer confined solely to HBO, there seems to be, at any given moment, at least one TV programme you simply have to be watching if you’re going to keep up with the cultural conversation. If you’re not watching, you’re left behind. 

This is the context in which football finds itself in 2024. No longer sport, but drama. And drama that begs to be discussed. A series of prompts for those sought-after ‘water-cooler moments’ that dominate conversation throughout the week. “That was never a red card!”  “We were robbed!” Competitive sport boiled down and reduced to a series of controversies and talking points.  

Because football is more television content than sport now, these controversies are not just discussed in the immediate context of the match in question. No, all week between games, key moments and decisions are slowed down, dissected, viewed from multiple angles, pulled apart. 

I watch matches, and then watch people talk about the matches I’ve watched, until there’s another match to watch. There is simply too much football, and too much talking about football. All in service of football as television. 

On top of this, the matches themselves are only becoming more frequent. This year, the Champions League will have an extra two games in the group stage. 

And then there’s international football. This summer alone, there has been the Euros and the Olympics and, during breaks in the Premier League, players represent their nations in friendlies, World Cup qualifiers, and Nations’ League games (the competition literally no-one asked for).  

This is to say nothing of proposals for a 39th Premier League game played abroad and an expanded Club World Cup from 2025 (again, neither of which fans seem to be clamouring for). 

And all these matches are taking place within this context of football as television content. There’s not just more football, but there’s more football to talk about, more contentious refereeing decisions, more player mistakes and tactical battles to unpick.  

But there’s a truth about football that many football broadcasters and organizations don’t want to face. Loads of it is really boring.  

There’s no guarantee anything of actual interest will happen in any given football match. Goals in football are relatively scarce compared to other sports. Liverpool beat Manchester United 7-0 a few years ago and it was heralded as borderline divine intervention. If a rugby match finished 7-0, fans would be asking for a refund.  

Authentic mundanity will always be more compelling than manufactured drama. 

That’s one of the beautiful things about the beautiful game; it’s authentic. There are no pre-written storylines, and no perfect endings or twists set in stone. It’s real life. Like real life, it can often be mundane.  

That should be no surprise, really. At the end of the day, football is a game we humans created to pass time and have fun. Like all sport, football is human flourishing in practice. By this I mean that, through playing sports, we get a glimpse into what it is we’ve been put here to do: to enjoy our existence. It is an expression of communal joy found in delighting in the physicality of our nature as created beings. When we take it too seriously or make too much of it, we obscure that fundamental truth to which it points, even at its most mundane. That we are creatures created to flourish and find joy in our creatureliness.  

Authentic mundanity will always be more compelling than manufactured drama. In its endless pursuit to inject drama into the sport so it can compete as television, football has lost the mundanity and authenticity that makes it so compelling.   

All of this has been somewhat lost in contemporary football and goes some way to explaining why the thought of yet another season of endless debates, drama, and analysis of the sport I love makes me feel rather exhausted. I just want to watch some people kick a ball.  

So, what are my hopes for this Premier League season? It might sound counterintuitive, but if there was less football and less football drama in my life, that would do for me. Failing that, I’ll take a Liverpool treble.