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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Feminism

Leading

23 October 2024

5 min read

Can Kemi really have it all?

For female experiences to mean something, we need to be part of something bigger.

Sian Brookes

Sian Brookes is studying for a Doctorate at Aberdeen University. Her research focuses on developing a theological understanding of old age. She studied English and Theology at Cambridge University.

A woman works at a laptop on a desk surrounded by picture frame.

Kemi Badenoch campaigning.

Kemibadenoch.org.uk

Apparently Kemi Badenoch is unfit for leadership due to a ‘preoccupation’ with her children. Such comments are hardly a surprise. After all, she is both a mother and a woman vying to be in a position of power. Since the beginning of time women have been mothers, but women haven’t always been in positions of power. So it is not surprising that some people have problems adjusting to the change. But it isn’t just Robert Jenrick who finds this adjustment difficult. In my experience, most women find it hard too. Becoming a mother is a beautiful but body-breaking, exhaustion-inducing and identity-questioning process. And that is just in the first few months. Add to that the expectations of also having successful careers as well, and it is no wonder we find it hard.

Kemi Badenoch’s response, naturally and rightly, was to show how capable she is to lead the Tory party alongside her maternal responsibilities, whilst challenging the view that just because she is a woman she is more responsible for her kids than a man with similar age kids would be. But her lack of acknowledgement of the hardship involved in being a mother and having a successful career does leave an awkward silence around what is an ongoing imbalance in many relationships when it comes to holding the fair share of parental, household and professional responsibilities.

This relentless pursuit of the ability of mothers to do everything else as well as being a mother says something about what we expect from women in our society. We need to prove that it is possible to be a woman and do all the things men have traditionally done. Yet sometimes I do wonder if we make it harder for ourselves. Is it our own expectations which make this thing called being a woman much harder than it needs to be?

Perhaps she is valuable not because of what she does or the choices she makes and what that says about the feminist cause, but because her worth lies elsewhere.

I’ve been blessed with the task of raising three boys, but I think about my friends who are raising little girls and the hopes they have for them. The hopes that they will grow to defy the expectations placed on them because they are female; to counter the oppression put upon them by breaking through the ceilings that may be built over them by others, to become whatever they want to be; engineers, consultant doctors, CEOs, even builders or plumbers if they so desire.

At the same time, (if the girls want them), they are expected to build families and loving safe homes. All of the things our mothers hoped for us and their mothers before them hoped for their own daughters.

Yet now, alongside those hopes for domestic fulfilment, so many other expectations have been added. Of course, the obvious solution to this, as Kemi has argued, is for men and women to share the load on both sides – to build the home and work life in a way that benefits both in the partnership. But the fact remains that relatively speedily in the course of historical development, we have come to a position where we are all expecting to have it all, all the time. And especially for our girls – we want them to be strong, powerful, successful, fruitful and productive all at once.

Now, this is not to say that we should revert to a time when only women ran the household and only men inhabited the professional domain. But sometimes perhaps it’s OK for a woman just to be a mum, if that is what she wants. She doesn’t have to also show the world she can be everything else as well. Some would criticise that decision as selling out on the relentless need to fight for equality with men. But not everything a woman does has to demonstrate some ideological end in fighting for equality, as though that is what gives her value as a woman. Perhaps she is valuable not because of what she does or the choices she makes and what that says about the feminist cause, but because her worth lies elsewhere.

Whatever we do, we do it to witness to a love, a truth which goes beyond whatever we can give to the world.

Many of the friends I spoke of earlier who have those little girls chose to have their daughters baptised as babies. This act of infant baptism puts the stake in the ground for the belief that before they could do anything, before they could prove their worth as a female member of society demonstrating all that power, strength, purpose and ability to right all the wrongs of the past, they were loved and valued beyond measure, without condition.

As a girl, and before they grow to be a woman, maybe a mother, and then potentially the leader of a political party, they are a child of a God who values them not because of what they have done or will do, but because they are His child. At the same time, this doesn’t mean we sit back and do nothing – it’s central to the Christian faith to fight injustice and overturn oppressive powers, but this is never achieved by human action alone as though the weight of the world falls on our shoulders, it is done by bearing witness to a God who has a better plan for the world and for society than we could ever dream or imagine. It is only when we realise this that the burden might be lifted from all the women fighting for all the things we are supposed to fight for.

Of my three closest friends in the church, one is (currently) a stay-at-home mum, one a doctor, one a vicar. As for myself, I am studying for a PhD in theology. We also all spend a lot of time looking after children, cooking and doing the dishes (as do our husbands). And yet, when we reflect together, these choices feel less statements of how we might be empowered or not as women, but more the result of a belief that whatever we do, we do it to witness to a love, a truth which goes beyond whatever we can give to the world. And so, we can each celebrate what we “do” because in each offering of ours can be found meaning, purpose and life beyond our own abilities, even our own individual actions. Perhaps, this is better than any kind of feminism you find around these days, because it allows us each to do the small thing in front of us without loading more on ourselves than we can bear alone. Only together, and only in knowing we are part of something bigger than ourselves, can our variety of female experiences mean something. In this way of living, being a woman feels very free indeed.