Article
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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 

  

Column
America
Comment
Politics
4 min read

Is Trump a fascist?

Fascism is fashionable again, what sort of vigilance is needed to guard against it?

George is a visiting fellow at the London School of Economics and an Anglican priest.

A protester holds placards up in both hands. One reads: Trump is a fascist. The other: Repair the broken world
A protester outside a Trump rally.
dnyuz.com.

I was once called a fascist for saying that the only authority I recognised was God’s. Actually, it had the usual alliterative, adjectival expletive attached to “fascist” that was customary for those of us who received a leftist political education in the 1970s. Very Dave Spart

Fascism is popular – or possibly populist – as an insult again. The epithet has been applied to Donald Trump in the final stages of the US presidential race. His former White House chief of staff, John Kelly, revealed that Trump had some emollient things to say about Adolf Hitler and retired US general Mark Milley has branded Trump “fascist to the core”.  

Democrat presidential rival Kamala Harris endorsed their use of the F-word for Trump, in what must count as one of her more daring statements of the campaign.  

And it’s not just evidence of Trump’s admiration for Hitler, historically the go-to evil icon for every anti-fascist. Trump likes tough-guy dictators and rulers. Vladimir Putin, North Korea’s Kim Jong Un, President Erdogan of Turkey, China’s Xi Jinping have all received the Trump seal of approval. 

That’s quite a list. What’s most worrying is that Trump has so many role models to choose from. Fascism seems fashionable again. Apart from trying to be nice and kind and not cruel to everybody in a Pollyanna kind of way, those of us of a non-combative religious faith are obliged to state quite why we do find this so worrying.  

We’re in the territory here of the cruelty and savagery of the incompetent empty vessel.

Part of the answer to that is pragmatic. Fascist leaders are generally not supportive of their domestic religions, as they endeavour to build their own religious cults around themselves, though it has to be said that Hitler’s relationship with the Catholic Church was at best ambiguous, while Trump is quite reliant on the Christian Right in the US. 

Another part of the answer attaches to my response to earthly authority as described at the top of this. It sounds like a cop-out and, in part, I accept that. It’s actually an opt-out, in that the Christian story doesn’t recognise worldly authority unless it serves its standards, rather than the other way around. 

That’s why we’re feared by authoritarian political leaders – call them fascist if you will. By extension, the Christian faith isn’t politically populist, though it might be described as a popular movement. Our leadership model is among the people it serves, rather than from the front of them. That’s not a model that Trump or anyone he admires is likely to emulate any time soon. 

It is what so confounded and ultimately threatened the political establishment in which it was founded. An itinerant preacher and miracle-worker emerges from the backwoods of a far-flung province of the Roman Empire – a fascist enterprise if ever there was one – to tell both it and its puppet state Judea that his and his insurgent followers’ authority comes not from this world. And the triumph of that claim is recorded in the subsequent two millennia of human history. 

That’s not power to the people, nor really a power of the people, but a power of every person in a corporate unity. It is, if you like, the exact obverse of the Roman coin, the antithesis of the emperor and the antidote to every fascist leader that has ever followed and been followed. 

I’m not at all sure that Trump is a fascist, as claimed. There’s a school of thought that he’s not bright enough, is too plain dumb, to join that rogues’ gallery. The most dangerous fascists of history, like Hitler, have a pitch-dark ideology that they pursue at all human cost to others and themselves. Trump has no apparent ideology other than the serving of his own vanities and insecurities. 

That doesn’t make him undangerous, but it makes him a different kind of authoritarian from a true fascist. We’re in the territory here of the cruelty and savagery of the incompetent empty vessel. And we need to apply a different kind of vigilance from that of the authentic fascist. Because Trump is essentially a buffoon.

Idiotic or truly evil, ultimately the answer may not be to find electoral alternatives, but to measure them against what is transcendent and immutable in human nature. 

The buffoonish authoritarian is a handmaid to fascism, but not the real thing. Perhaps every bit as destructive and oppressive of their people, but as an enabler of fascism rather than a principal. Like Benito Mussolini in Italy in the 1930s and Second World War, these are preening clowns, though of course not in the least bit funny. 

It’s hardly on a par with the Reichstag fire in 1933, which Hitler manipulated for absolute power in Germany, but let’s not forget that Boris Johnson as prime minister attempted illicitly to prorogue parliament to get his way with Brexit in 2019. Like Trump, contempt for democracy and the “great man of history” personality cult tick a couple of boxes for fascism, but it doesn’t make them any less stupid. 

Idiotic or truly evil, ultimately the answer may not be to find electoral alternatives, but to measure them against what is transcendent and immutable in human nature. And that brings me back to the first line of this piece.