Coker v. Georgia
1977 U.S. Supreme Court case prohibiting the use of capital punishment for adult rape / From Wikipedia, the free encyclopedia
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Coker v. Georgia, 433 U.S. 584 (1977), held that the death penalty for rape of an adult woman was grossly disproportionate and excessive punishment, and therefore unconstitutional under the Eighth Amendment to the U.S. Constitution.[1] A few states continued to have child rape statutes that authorized the death penalty. In Kennedy v. Louisiana (2008), the court expanded Coker, ruling that the death penalty is unconstitutional in all cases that do not involve intentional homicide or crimes against the State.
Quick Facts Coker v. Georgia, Argued March 28, 1977 Decided June 29, 1977 ...
Coker v. Georgia | |
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Argued March 28, 1977 Decided June 29, 1977 | |
Full case name | Erlich Anthony Coker v. State of Georgia |
Citations | 433 U.S. 584 (more) 97 S. Ct. 2861; 53 L. Ed. 2d 982; 1977 U.S. LEXIS 146 |
Case history | |
Prior | After he escaped from prison, the defendant raped an adult woman. He was convicted and sentenced to death, which was affirmed by the Supreme Court of Georgia, Coker v. State, 234 Ga. 555, 216 S.E.2d 782 (1975); cert. granted, 429 U.S. 815 (1976). |
Holding | |
The death penalty for rape of an adult woman is grossly disproportionate and excessive punishment and so is forbidden by the Eighth Amendment, as cruel and unusual punishment. | |
Court membership | |
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Case opinions | |
Plurality | White, joined by Stewart, Blackmun, Stevens |
Concurrence | Brennan |
Concurrence | Marshall |
Concur/dissent | Powell |
Dissent | Burger, joined by Rehnquist |
Laws applied | |
U.S. Const. amends. VIII, XIV |
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