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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
Purpose
Sport
5 min read

So we won the Ryder Cup. At what cost?

When beer flies and etiquette dies, maybe we’ve mistaken sport for something else

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

A video still shows a beer can thrown at a golf amid a crows
The beer flies towards Rory McIlroy.

Phew. The Ryder Cup was an epic. After a couple of days of European dominance, fans on this side of the pond looked forward to the Sunday one-on-one single matches as a formality, only needing a few more points to wrap up the Cup, only for the American team to suddenly discover they could play a bit after all. It turns out Europeans play better together (the matches on Friday and Saturday all involved teams of two playing against each other) but the Americans excel when they're on their own. The latter nearly pulled off a famous comeback but finally fell short as the gritty Europeans stumbled across the line, Shane Lowry holding his nerve to sink an eight-footer on the 18th, and Tyrell Hatton sealing the win with a nerveless par on the last.

Much of the talk afterwards however was not about the match but the behaviour of the American fans. The European golfers, especially their talisman Rory McIlroy, were subject to some pretty vile abuse throughout the three days. His wife was drenched by a beer thrown in her direction, insults were shouted as he prepared to play a shot (you just don’t do that in golf) and some idiots seemed more keen to abuse their opponents than support their own players. It seemed strange that Keegan Bradley, the American Captain made no effort to call out his own errant supporters. Yet it was perhaps not surprising in a country where public models of leadership hardly encourage moderation and restraint.

Of course, we are used to this kind of thing in football stadiums in the UK, but golf has somehow always felt different. Football is a fast-paced, hectic game with players running full tilt for just 90 minutes and so it’s understandable that emotions get high and passions flare. Golf is more measured. It takes time, has always laid a great stress on etiquette, following the rules and respecting your opponent. Yet none of that seemed to matter in the bearpit of Bethpage.

To be fair, European fans get pretty partisan when the Americans come here - yet they do seem to stop short of personal vitriol. It seems every time the Ryder Cup is played, the rivalry just gets a notch higher. You just have to hope they rein it in in Adare in Ireland in two years’ time. As the match reached its climax, players (on both sides) leapt about like wild things, thumping their chests like cavemen on winning a point. The crowd hollered their lungs out, or continued hurling insults at the opposition.

I found myself wondering why all this seemed to matter so much? Why were grown (mostly) men reduced to appalling behaviour or breaking down in tears over hitting a small white ball around a field?

Maybe I’m just getting old and nostalgic, but Ryder Cups in the early days were different, with those grainy black and white photos of players in baggy plus-fours and tartan socks. It was the same with Wimbledon before the Open era, Wembley Cup finals back in the day, cricket matches with baggy flannels and thin bats. At the end of titanic struggles there would be a gentle skip towards the opposition, a polite shaking of hands, a wave to the cheering crowds and the presentation of the cup, which was held aloft briefly, before everyone went home. Yes, of course, people got steamed up about sport back then. The 'bodyline' cricket series in Australia in 1932 got the blood boiling between Aussies & Poms, but it was precisely because the English team were playing unfair. There were street parties and public joy when England won the World Cup in 1966, yet there is the famous story of Geoff Hurst after scoring a hat-trick in the Final going home and mowing his lawn the day after. Hard to imagine that today.

Nowadays, the presentation ceremony goes on forever, with microphones thrust into players’ faces with the most boringly predictable question: “how do you feel having won (or lost)?” asked every single time. Emotion pours out everywhere. Superlatives are expected and duly uttered.

My mind went back to something the theologian James K. A. Smith said to me in a conversation some time ago. “When there is no longer any Ultimate”, he said, “the Penultimate seems to matter so much more.” His point was that in the absence of a general social belief in God, or a divine order above us, with little sense of any social or divine sanction for, frankly, atrocious behaviour, then things like politics or sport become more and more charged with meaning.

When there is nothing higher than politics, electoral victory becomes all-important. And anything goes in silencing the opposition. When the most significant thing in life is a sporting achievement - even vicariously as a fan - then winning is everything. Where there is a more pervasive sense of belief in God, or an afterlife, where the death of friends or neighbours is a more common occurrence throughout life, or even the task of putting food on the table is a daily struggle, such things matter less. Activities such sport, which were once seen as mildly significant, a pleasant diversion from more onerous tasks, found their true place as something important, but not that important.

Blaise Pascal once wrote: “People are bored stiff with their normal lives and so they need perils and excitement.” He thought that we crave distraction to stop us looking into the abyss, or up into the heavens, to contemplate the ultimate meaning of our lives, the reason why we are here in the first place, and our final destiny. It is classic displacement activity. It is why we pay entertainers more than doctors, vicars or philosophers - because we need the distraction.

The Penultimate begins to matter too much when we no longer have an Ultimate to relate to. Sinking a clutch putt to win a game is satisfying. Yet it is not the reason why we exist. Sport is a great diversion. But it is just that, and realising that might make us behave a bit better towards our opponents and help us to focus on the things that really matter – the questions of meaning and purpose that humans have always asked since the dawn of our race.

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