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Justice
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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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2 min read

Do we feel guilt for Liam Payne’s death?

We want the celebrity world to exist, but it returns terrible violence.
A crowd of teenagers gather by a Peter Pan statue to mourn a dead pop star
A fan vigil beside a Peter Pan Statue, London.
Sky News.

It’s no secret that fame is a poisoned chalice. Those reading about Liam Payne, the former One Direction star who died last week, will have noticed the theme: denied privacy, loaded with unbearable expectations, in a milieu where illegal substances were too much to hand - what chance did he have? The word ‘tragedy’ is scattered across multiple headlines. 

One young Telegraph writer sees it as a generational trauma: “our first celebrity-induced reminder that life can be cruel, and fleeting”. Formerly Elvis, or John Lennon, now Payne; plus ça change. But what really haunts our society about Payne’s death is not a feeling it was unavoidable. It is, rather, our guilt: did we do this? Our rapacious appetites, consumer needs, and reckless licensing of rock-’n-roll form - did we tie this teen idol to the sacrificial altar? 

Religious language is not inappropriate: thousands in cities around the world are holding vigils to Payne’s memory, and these shrines would have interested René Girard, who had a theory about how society works. While staying “a few pages ahead of the students” in French novels at Indiana University during the late 1950s, Girard noticed that humans want things, but not because of innate desires. We want things because other humans want them. There is always this undercurrent of rivalry to our world, even amongst close friends - in fact, especially for those whose goals are most similar. 

What becomes of this collective aggression? It has to be banished through scapegoating. It’s everyone against one; a victim is butchered. For Girard, culture is what happens when a group achieves temporary peace in the wake of a sacrificial death. The bubble of built-up tension has burst, and an epoch of nonviolence means we get on with civilisation. We raise the kids, build some structures, or write a poem. 

Religious mourning for Payne reveals these sacrificial contours of our culture. We want the celebrity world to exist, for its fantasies, desirable bodies, and danger. But it returns terrible violence - exploitation, harassment, and rejection (Payne’s own solo career had not kept him at the thrilling toppermost of the chart). The death of a victim sobers us up, momentarily, from our intoxication. But how long until we repeat it again? 

Girard converted to Catholicism in 1959, after he encountered in the Gospels a religion that acknowledged these human trends, and offered a solution. It still required imitation - of Jesus Christ - but without the threat of rivalry. But in the crucifixion was a scapegoating that did not seem to leave things open to repetition. It had finished something, for good. Sunday morning yielded a new kind of peace.