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Comment
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 

  

Article
Comment
Gaza
Israel
Politics
7 min read

Israel-Gaza war anniversary: why peacemakers need a touch of doubt

Which narrative do you believe?

Graham is the Director of the Centre for Cultural Witness and a former Bishop of Kensington.

Split-screen on TC shows many different news channels in English, Arabic and Hebrew.
Split-screen reporting.
Al Jazeera.

As the focus of the crisis in the middle east shifts from Gaza to Lebanon, and as the anniversary of the October 7th attacks comes round, a look at the narratives that surround this conflict helps chart a way forward. 

At the heart of the Middle Eastern crisis involving Israel, Gaza and now Lebanon, are two very different stories.  

One of them goes like this.  

Israel is the only properly functioning democracy in the Middle East. It is a sanctuary for the Jewish people who over centuries, and around the world, have experienced extraordinary levels of persecution and discrimination. As a small country it has bravely established itself over the past 76 years as a haven of liberal, democratic freedom and prosperity despite the hostility of its neighbours, such as the Iran-backed Hezbollah in Lebanon. The Hamas attacks on October 7th 2023 were an unprovoked murderous assault on innocent citizens, the butchery and savagery of which was unprecedented in recent times. Hamas and Hezbollah both represent an Islamist ideology which has been a recurring thorn in the flesh of all democratic states, and which has taken root in Gaza and Lebanon. Israel's response of attempting to drive out such a deadly enemy from neighbouring states is entirely justified and reasonable. Any country faced by neighbours dedicated to its destruction would do much the same. Yes, there are civilian casualties in the conflict, but there always are in war. To oppose Israel’s campaigns in Gaza and Lebanon is in fact to lend covert support for terrorism, and a form of antisemitism, because it challenges the right of Israel, and the Jewish people, to self-determination and self-defence. 

Yet there is another other story, which runs thus: At the time of its founding in 1948, the pioneers of the state of Israel committed an original sin which has plagued it ever since - its expulsion of much of the indigenous Palestinian population from the land in the Arab-Israeli conflict which followed the founding of the state. Ever since then, Israel has sought to subjugate the remaining Arab population, treating Palestinians within its territory as second-class citizens. Since 1967, it has illegally occupied the West Bank and Gaza, denied Palestinians basic rights of civic equality while enabling and encouraging Jewish settlers to gradually steal land which is recognised by the United Nations as Palestinian. Within Israel and the Occupied Territories, Palestinians find it harder to get building permits, to find jobs, to be properly represented in parliament or to have opportunity for education. Therefore, it is not surprising that that the simmering resentment such treatment provokes leads to occasional resistance such as in the intifadas of the 1990s and 2000s, the election of Hamas in Gaza, and even the attacks of October 7th. Israel regularly accuses anyone who criticises its policies of antisemitism, using it as a shield to hide its mistreatment of the Palestinian minority. It has used the occasion of the October 7th attacks to launch a massive assault on Gaza and now southern Lebanon, regardless of the civilian casualties. The result is, at least in Gaza, a humanitarian disaster which will takes, years, even decades to resolve.   

Which of these narratives do you believe? Depending on a whole set of other commitments you probably resonate with one or the other. If you are more left leaning you probably favour the Palestinian account. If your instincts are more right-wing you will tend to favour the Israeli one. And I’m sure you can pick holes in the opposite narrative if you want to.  

Christians fall on both sides of this debate. Christian Zionists tend to see the emergence of the State of Israel as a fulfilment of Biblical prophecy that God would one day bring the Jewish people back to the land from which they were exiled in the distant past. Supporters of the Palestinian cause point to the Bible’s injunctions towards justice, its regard for the poor and oppressed, and to Israel’s Old Testament calling to look after the alien within their nation. Surely Israel has a duty to treat the Palestinians within their borders as equal citizens?  

To love your enemy does not mean to pretend that your enemy is a friend - at least not yet. 

So, does Christianity bring anything to this conflict? Or is it just as divided on this issue as anything else?  

One the most distinctive notes in the teaching of Jesus is his remarkable and unprecedented, some would say ridiculous call to love your enemies and pray for those who persecute you. It was - and is - standard human behaviour to love your family and friends. It's more of a stretch to love your neighbours who happen to live next door. It's a whole different ball game to love your enemies. The phrase trips off the tongue as one we know well, yet how could it ever be possible for Israelis to love or pray for Hamas fighters, or the inhabitants of southern Lebanon to love the nation across the border to the south that is shelling them each day?  

I cannot even begin to imagine that. Yet closer to home, how does this idea of love for enemies effect our approach to these two stories, held so passionately on both sides of the debate? I first visited Israel/Palestine in 1989, in the middle of the first Palestinian ‘intifada’ or uprising against Israeli occupation. I stayed in east Jerusalem with Christian Palestinians and heard and saw first hand their feeling of resentment at being treated as inferiors in a land which had, they claimed, until the ‘Nakhba’, or ‘Catastrophe’ of 1948, been theirs for centuries. I came back full of righteous zeal for the Palestinian cause and would talk to whoever would listen about the injustice of Israeli treatment of the Palestinian people. I wanted people to imagine what it would feel like to know your family’s ancestral land was taken at gunpoint in 1948, to have to go through humiliating checkpoints to get to work, to have a neighbouring Jewish settlement harass your children and family, trying to get you to leave your home, so they can take the land, with little or no support from your own government or the police. And, in many ways, I still do.  

Yet over the years, and on numerous visits back to the Holy Land, I’ve gradually begun to try to see the story from the other perspective as well. Listening to the voices of Jewish people both in Israel and here in the UK, I've tried to imagine what it would feel like to be part of a people that has been hunted down in pogroms stretching back into a shameful past, including the expulsion of Jews from Arab countries in the twentieth century and the attempt of a modern European state to exterminate that people entirely. I've tried to understand their hope in the state of Israel as a place of security and their desperate need for it to survive and thrive as a place where Jews can feel safe, even as real antisemitism does from time to time raise its ugly head elsewhere in the world. Alongside Palestinian memoirs such as those from Sari Nusseibeh and Elias Chacour, I read Jewish writers such as Alan Dershowitz and people like Ari Shavit who captures the dilemmas of liberal Israelis caught between lamenting the expulsion of the Arabs in 1948, yet enjoying the fruits of that period in the present.  

I still yearn for Palestinian friends to find peace and equality, but realise that like so many enduring issues in world politics – it’s complicated. 

To love your enemy does not mean to pretend that your enemy is a friend - at least not yet. Many people reading this will have passionate commitments to one story or the other. Yet surely to love our enemies does mean to try to begin to see the story from another perspective, to try at least to put yourself in the shoes of the other, to entertain for a moment a little bit of doubt about the certainty of your own moral case.  

Loving your enemy might well be a ridiculous, impractical idea. Yet the alternative is hardly turning out well. 

It is what some within the land of Israel have tried to do. Salim Munayer and Lisa Loden are, respectively, Palestinian and Jewish Christians. Their book Through My Enemy’s Eyes tries to do just that – showing how Palestinian and Jewish Christians read the same Bible through different lens, and beginning to imagine how some form of reconciliation might be possible. Organisations like Musalaha and Telos are trying to buck the trend, helping each side meet the other and begin to imagine what reconciliation might look like.  

Loving your enemy might well be a ridiculous, impractical idea. Yet the alternative is hardly turning out well. If Israeli radicals were to succeed in expelling all Palestinians from the West Bank or Gaza, or Hamas / Hezbollah were to succeed in expelling the Jews from Israel - Neither is a solution that speaks of justice.  

It is hard to imagine any progress towards peace without something of this attempt to try to understand a different perspective. You cannot build peace without being a peacemaker – a figure often misunderstood, but according to Jesus, also strangely blessed. Whatever side you are on, perhaps you have a moral duty to make every effort to understand the other. Unless we do, we cannot begin to help resolve this most intractable and dangerous of global problems.