On March 11, 2009, a citizen of Texas called Daniel Lopez was pulled over for driving erratically. He made a run for it and struck a police officer. The officer was killed. Lopez was found guilty of murder and faced a choice between life without parole or the death penalty. He chose the latter. So was this justice or was this suicide?
Lopez’s story is detailed in the latest episode of Life and Death Row (Tuesday, BBC Three, 9pm), an extraordinarily powerful series for a channel that normally broadcasts teens behaving badly at music festivals. Its objectivity tests the viewer’s conscience. Had it simply argued for Lopez’s innocence or the iniquity of lethal injections, I would have disliked it. I’ve long been a rare thing: a Catholic who reluctantly supports the death penalty.
Catholic doctrine does not rule out its use, and if you believed that it did then you’d have a hard time explaining the Spanish Inquisition. Moreover, a society that outlaws executions takes a decision on behalf of a victim’s family that they might not appreciate. For them, one form of justice is taken off the table. Life and Death Row almost presents a therapeutic side to state killings: Lopez truly, pitiably atones for what he has done and the widow of his victim seems to find some kind of peace.
But one problem with the death penalty is that it is so haphazardly applied. Lopez manipulated his defence so that he would get the needle: that can’t be right. He then engaged in a perverse fight with his lawyers to lose the appeal for a stay of execution: that doesn’t seem right either. More importantly, if Lopez had run over a regular citizen then he wouldn’t have faced a mandatory life sentence. If he thought he could get out of jail through good behaviour, he might have smartened himself up, become a better person and eventually been reunited with his family. Redemption would have been the best outcome. But in Texas, it’s not even an option.
Life and Death Row reminds us that human beings are rational. Given hope, they will make angels of themselves. Given no way out, they despair. The sight of Lopez – a son and father – begging to die is one of the strongest cases against the death penalty I’ve ever seen.
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