Benjamin Cole Executed

Cole was found guilty of the brutal murder of his daughter, Brianna Victoria Cole, on December 20, 2002, per the attorney general’s office, when her cries interrupted him while playing a video game.

People who oppose the death penalty might cite easy sounding arguments about concern for innocence or bad lawyering.  

But, I and others do not refute that these are some horrible crimes. The issue remains if executing the people involved is the right approach. Repeatedly, there are reasons that tell us "no," and rarely is it a truly pure case (though they exist) simply about first principles. 

Benjamin Cole was offered life without parole, but rejected the offer. This alone is not proof the whole thing is bad -- some people risk a trial for at least half-way reasonable consideration.  As noted in the article, however, the decision here shows signs his competency was in doubt.  This was more so over time.  It might very well be a matter of some dispute.  I did not do some deep dive here. Executions, however, should at the very least only be applied in the most clearest of all cases.   

Benjamin Cole was executed.  First, there was last minute attempts for a stay of execution and a federal habeas application to the Supreme Court.  The orders in response were dropped yesterday and today.  The usual reference to a "brief" order is cited.  Let us forestall possible confusion. The order did not actually "briefly" explain why the final request based on the competency (and specific process used to determine it) was rejected.  The orders simply said it was denied, noting Gorsuch was recused.

(Oklahoma, who set up multiple execution dates as a sort of "catch up" after delays caused by its own failures, is in the circuit Gorsuch oversees. He probably was involved in Cole's case at some point over the twenty years since Cole was convicted and the death sentence handed down.)  

The Supreme Court is not here merely for error correction. And, it very well might be the case that Benjamin Cole did not meet to requirements in place for the competency claim raised.  This is open to dispute.  It is less so, in my eyes, that it is wrong for the Supreme Court to reject his final requests to stop his execution without a single justice (or whatever some of them should be called) explaining why they went along.

Benjamin Cole, very much likely in some fashion influenced by mental defect, committed a horrible crime.  Executing him twenty years later, or sooner to be clear (though a long delay is itself problematic for penal justification -- see, Justice Breyer's dissents), is bad public policy. I think as a whole, it very well probably is a violation of sound constitutional principles.  As is the Supreme Court not explaining itself.   

November is scheduled to be a busy -- as far as these things go -- execution month involving multiple states. Let see if the Supreme Court, or even a single justice, ONCE manages to substantively explain itself before going along with state authorized deprivation of life.  Liberals disappointing me here too.

The coverage includes the usual references to the horrible nature of the crime and the dangers of Cole himself.  One article notes the death was not some sort of one-off, but Cole was a danger to the child (and mother) for an extended period of time.  Child abuse is a grave wrong. Executing a few parents arbitrarily is not way to go. As is often the case, the tough on crime and justice rhetoric is a misplaced argument here.