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.

Edward Smyth

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.

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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Books

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15 August 2024

4 min read

Faith is no longer a dirty word in publishing

Sarah Perry’s comments suggest a reawakening of concern for its observation.

George Pitcher

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

A woman being interviewed gestures with a hand in front of her

Sarah Perry.

Waterstones.

If there’s one thing anyone who has ever written a novel can’t stand, it’s having to congratulate a successful novelist. So, it’s through gritted teeth that I warmly welcome the words of Sarah Perry (The Essex Serpent) that religious faith is ceasing to be a subject of embarrassment in published fiction.

It’s about time. Perry told the Edinburgh International Book Festival that, for her latest book Enlightenment, she was asked to put in more theology: “I assumed that everybody knew what the doctrine of predestination meant.” Bless.

The cause of my pathetic envy as I applaud her is that I had my first (and, to date, only) novel published in 2017, to almost universal disinterest. I like to tell people that it was well received – all three people who actually read it said they enjoyed it and only one of them was a family member. It actually did a bit better than that, but you get my drift.

It was an unashamedly religious psychological thriller, titled A Dark Nativity. Brace position, here comes a one-sentence synopsis: The narrator, Reverend Natalie Cross, is a frustrated former aid worker who undertakes a mission to Israel, is kidnapped and held hostage, murders her way to freedom, discovers she was the victim of an Anglo-American plot, wreaks her terrible revenge and (spoiler alert!) gives birth to a son of uncertain paternity.

See what I did there? As well as the latter-day Nativity resonance, thematically I was interested in what redemption looks like in Israel and Palestine. I know, I know – but even I thought it would be distasteful to try to cash in on what’s happened there since.

Enough of the plug for a seven-year-old novel. My point is that its religious themes actively militated against it at the time. Novels addressing Christian faith (or any other kind) occupied a particular publishing niche – a harsher word might be ghetto. To try to break out of it was pointless. The great Christian novelist Penelope Wilcock told me (very kindly) that my book was too religious for the secular market and too secular for religious readers.

Perry’s observation that faith is no longer a dirty word in publishing might yet suggest a reawakening of serious concern for its observation.

The restricted area to which religion was confined had its stylistic rules. There was the cathedral close romp, which authors such as Catherine Fox had made their own. The vicarly whodunnit (lately updated by Reverend Richard Coles). Magic realism with its daemons and Philip Pullmans. And anything, in the wake of Dan Brown’s The Da Vinci Code, involving ancient plots that might make a movie, with hooded figures walking in slo-mo through cloisters.

Vicars had to be evil or silly. I may be both those things at times, but I’d like to think there is other stuff going on here for cultural exploration. My narrator, Nat Cross, was driven, often funny and more than a little mad. So like a lot of Anglican clergy.

If she’s right – and I very much hope she is – it’s why what Perry has to say is so hopeful. Because it begins to suggest that religious faith is slowly beginning to be accepted back into polite society. Whisper it softly, it might even become a cultural norm. If Richard Dawkins can describe himself as a “cultural Christian” and the historian Tom Holland, in his book Dominion, can claim that Christianity is the entire foundation of western civilisation, then there is everything to play for. And, indeed, write for.

It’s not as if cathedral frolics and the revelation of Jesus’s wife in Leonardo’s Last Supper was anything other than a fictional diversion of post-modernism. Religion and specifically Christianity had been a staple of the novel in English.

I hesitate to mention their names in the same column as the authors above (including me, most obviously), but Graham Greene’s exposition of Catholic guilt in The End of the Affair and Evelyn Waugh’s of the impossibility of moral reformation in Brideshead Revisited are probably the best religious novels of the twentieth century.

Further back towards the birth of the English novel, the Reverend Edward Casaubon in George Eliot’s Middlemarch is perhaps the most tragic portrait of a clergyman who is neither evil nor silly. He stand as a warning from history to today’s Church of England.

And it’s to that, the established Church, that Perry’s remarks ultimately turn our attention. We’re told that there has been a five per cent spike in church attendance recently, but that of itself isn’t sufficient to suggest a renaissance in our religious culture. Our arts and culture will only ever really reflect what we care about.

Perry’s observation that faith is no longer a dirty word in publishing might yet suggest a reawakening of serious concern for its observation. If so, that’s good news for the religious, as well as for religious authors. And I might just get a sequel out of it.