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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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Less John, more Joan. How Paris’ secular hymn fell flat

Despite launching a flaming piano of peace, France missed an obvious emissary.
A floating stage bears a flaming piano and singer standing at a mic.
That opening ceremony.
BBC.

Amid the furor around Dionysus and his flesh suit it was another point in the Olympic opening ceremony that got me thinking spiritually. Which is ironic, given the moment’s message. Silence fell after a chaotic, multi-barge disco. An atmospherically lit boat carrying a piano on fire sailed down the Seine, with a beautifully sung Imagine, by John Lennon, drifting from the singer.  

Nowhere does secularism like France, with a religion-less public society so entrenched that a French Muslim sprinter, Sounkamba Sylla, had to swap her hijab for a cap at the opening ceremony to abide by its public religiosity laws. Telling a woman what she can and can’t wear is not a great look for a modern democracy. However, choosing Imagine, - a well-known atheistic plea for a world without religious devotion and the dogma, extremism, and warring that comes with it, perhaps tells us what France is going for. Beautiful, modern, peace. The world as one in Godless enlightenment. No hell to scare you. No heaven to inspire you. 

Except. Humans have managed to do an excellent job of conceiving, enacting, and justifying extreme violence without religious devotion for much of the last two centuries. Side-by-side with religious acts of aggression were communist oppression, The Great Leap Forward, Gulags, Darwinian race wars, the Holocaust, and the Cold War. Perhaps rather than blaming religion for the constant state of war the global populace finds themselves in, John Lennon would be best investigating our common human instinct. 

Each time we go a bit Joan, and are inspired to overthrow injustice, the Kingdom of peace comes a little nearer.

When God is taken out of the equation, peace is no better found in science, rationality, or self-actualisation, the twentieth century demonstrates that. These things are just as likely to be twisted towards conflict. Without God there is no inspiration to be selfless, moral, or compassionate, the impulses of each which might lead to reconciliation rather than war. 

Just a little after the flaming piano, a figure that better points the way to peace came riding down the Seine. Billed as a Gallo-Roman goddess, it was more a recreation of Joan of Arc, the French saint who brought spiritual leadership to her country and defeat to English invaders. She bore the Olympic flag onto dry land. In a very medieval way Joan’s life after hearing from God was of breaking sieges and leading armies. It might seem strange to anoint her the bearer of peace, but she shows the way to the united humanity that John Lennon was striving for.  

Christians await with anticipation the Kingdom of God fully coming on Earth which will bring with it peace and perfect justice. Joan, being led by God to challenge the oppression of English invaders, points the way towards it by rising up against injustice. And she points the way back to Jesus, her Lord, who turned the world upside down with his message of peace and his beginning of this Kingdom of God. Each time we go a bit Joan, and are inspired to overthrow injustice, the Kingdom of peace comes a little nearer. 

Rather than seeking a Godless paradise which can never have enough moral force to be anything other than a selfish search for meaning, we must look to Joan’s God. We will find a God who calls any who will follow him to a life of justice and peace. Only in giving up our own desires, to follow the example of Jesus, will we ever have a world as one. 

As my wife, Harriet, remarked whilst we watched Lennon’s hymn, it’s only a few words away from being spot on. Rather than taking the modern French approach and keeping God away from the public sphere, we might delve into Joan’s spirituality and find a burning for justice, a desire for peace, and a self-sacrifice which will one day lead to peace under God. Imagine there’s a heaven. It’s easy if you try. And it’s the only place humans will ever find the true and lasting peace of Lennon’s imagination.