Coker v Georgia

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Coker v Georgia
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Coker v Georgia

• The Cruel and Unusual Punishment of Executing
  Rapists

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Fast Facts

• Coker was in prison serving sentences for murder,
  rape, kidnapping, and aggravated assault
• He ESCAPED!!!!!
• That night he entered the home of Elnita and
  Allen Carver
• He tied up Allen and raped Elnita in front of him

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Conceptual Understanding of the Facts
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More Fast Facts

• Following the rape, Coker fled the home with Mrs.
  Carver
• He was apprehended by the police soon after
• Court says Mrs. Carver was unharmed
• Coker was tried and found guilty of Escape, Armed
  Robbery, Motor Vehicle Theft, Kidnapping and Rape

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Even More Fast Facts

• He was sentenced to death ?
• Unfortunately for Coker his entire life was one
  big aggravating factor
• Record of conviction for capital felony (murder)
• Depravity of Mind (Making the husband watch)
• Crime committed upon escape from prison

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Coker v GeorgiaTHE CASE!!!!

• The Issue before the court was whether or not
  imposition of the death penalty for the crime of
  rape violated the 8th Amendments protection
  against Cruel and Unusual Punishment

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No Dice

• The court said yes indeed it did violate the 8th
  Amendment because it was disproportionate to the
  crime committed.
• The Court relied on Greggs language in finding
  the punishment excessive because It is grossly
  out of proportion to the severity of the crime

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Counting Votes

• Justice White announced the Opinion of the Court
• Joined by Stewart, Blackmun, and Stevens
• Concurrences by Brennan and Marshall
• Felt that the Death Penalty was Cruel and Unusual
  punishment for all crimes, especially rape.
• Concurrence and Dissent by Powell
• Concurred in result but felt that the death
  penalty was not unconstitutional

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The Dissent

• Dissent by Burger
• Joined by Rehnquist
• Felt that the court was encroaching on the
  legislative powers of states and pointed out the
  obvious recidivism and future danger of Coker.

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Application to Child Rape

• Seems like death sentences for child rapists
  would be unconstitutional under Coker
• Maybe not

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Recounting Votes in Coker

• Neither Brennan nor Marshall should really count
  in determining whether Coker allowed for
  executions of child rapists.
• Both Justices were against the death penalty
  altogether, so in interpreting the judgment in
  regards to child rape, it should be viewed more
  as a 5-2 decision.

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More Recounting

• Additionally, Justice Powell agreed in the
  judgment (i.e. that execution of Coker for this
  particular rape would be unconstitutional) but
  felt that a decision deeming all executions for
  rape was going way too far.
• Now in regards to the decision it becomes a 4-3
  decision

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Odiferous Olfactory Opinions

• The majority uses the words Adult Rape 8 times
  in the opinion which seems to suggest that the
  court was limiting their opinion to the
  constitutionality of executions stemming from
  adult rapes not the rape of children

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Still Going.

• Majority relies on what it terms objective
  factors to determine the constitutionality of
  these sentences
• Public Attitudes
• Legislative Attitudes
• Response of Juries

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Public Attitudes

• People are more than happy now to humiliate and
  severely punish sex offenders, especially those
  whose victims are minors
• Popularity of Datelines To Catch a Predator
• Popularity of residency restrictions of Offenders
• Adam Walsh Child Protection and Safety Act of 2006

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Legislative Attitudes

• The court noted that of the 16 states which
  authorized death sentences for rape Pre-Furman,
  only 3 allowed for it in their revised statutes
• Georgia, North Carolina, and Louisiana
• NC and Louisianas were both struck down for them
  being mandatory
• Florida and Miss. had the death penalty for rape,
  but only of a child

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Legislative Attitudes Cont.

• The few number of states that had the death
  penalty for rape swayed the court toward
  rejecting its use
• As of today 7 states have statutes authorizing
  the execution of child rapists, with other states
  currently considering the move

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Whos got it?

• Oklahoma
• 21 Okl. St. 1114
• Rape in the first degree is a felony punishable
  by death
• Rape in 1st Degree
• Victim is 14 or under or
• Use of violence or force or
• Use of Instrument which results in bodily harm
• Use of Instrument on victim under 14

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Who?

• South Carolina
• S.C. Code Ann. 16-3-655(c)(1)
• If previously convicted of penetrative sexual
  offense with child under 11, defendant is death
  eligible upon conviction a second time
• Targets dangerous men and women

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More?

• La. R.S. 1442 Aggravated Rape
• Penetrative Sexual Contact through the use of
  force, threat of violence, or other means of
  forcing sex
• Life Imprisonment
• Unless the victim is under 13 then the crime
  becomes death eligible
• Patrick Kennedy is currently on death row under
  this statute

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Rollin down Highway 41

• Georgia
• O.C.G.A. 16-6-1(b)
• Carnal Knowledge of a woman against her will or
  if the victim is under 10 years of age
• The statute still allows Georgia to punish rape
  of adult women with death despite the ruling in
  Coker

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Disney Death Sentences

• Florida
• Fla. Stat. 794.011(2)
• The statute requires their to be a sexual battery
  where the victim is both under 12 and his/her
  sexual organs to be injured for it to be death
  eligible

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18 Years old 2(Hannah Montana Bodily Injury)
Death

• Montana
• Mont. Code Anno. 45-5-503(3)(c)(i)
• Much like South Carolina it requires a prior
  conviction of similar crime but also requires
  bodily injury on each victim for it to be death
  eligible

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Jessicas Law

• Texas Law that is set to be enacted into law
• Death Penalty for repeat offenders of sexual
  assault where the victim is a child

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Constitutional Infirmity in These Laws?

• Could the death penalty for child rape be cruel
  and unusual punishment under the Eighth Amendment?

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Giving Meaning to Cruel and Unusual Punishment

• The Eighth Amendment must draw its meaning from
  the evolving standards of decency that mark the
  progress of a maturing society. Trop v. Dulles,
  356 U.S. 86 (1958) (plurality).
• Though the Court has at times been hesitant to
  create categorical bans through the Eighth Am.,
  it has recently held the execution of mentally
  retarded persons and juveniles to be cruel and
  unusual punishment.

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Atkins v. Virginia 536 U.S. 304 (2002)

• Death penalty for mentally-retarded persons is
  excessive and inappropriate in light of evolving
  standards of decency.
• Court notes Growing national consensus,
  justifications for use of death penalty
  (retribution/deterrence) questionable when
  applied to mentally-retarded offenders, and
  special risk of wrongful execution.
• Court had previously held that the Eighth Am. did
  not require a categorical exemption from death
  eligibility for mentally-retarded persons. Penry
  v. Lynaugh, 492 U.S. 302, (1989).

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Roper v. Simmons 543 U.S. 551 (2005)

• Death penalty for juveniles is excessive and
  inappropriate in light of evolving standards of
  decency.
• Court notes Similar national consensus as in
  Atkins, justifications for use of death penalty
  (retribution/deterrence) questionable when
  applied to juvenile offenders, and international
  opinion opposed to death penalty for juvenile
  offenders.
• Court had previously held that the Eighth Am. did
  not require a categorical exemption from death
  eligibility for juveniles. Stanford v. Kentucky,
  492 U.S. 361 (1989).

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Roper/Atkins Framework

• The opinions seem to create/follow a three-part
  framework for evaluating the application of the
  death penalty under the Eighth Amendments
  proscription of cruel and unusual punishment in
  light of evolving standards of decency
• 1.) National Consensus
• 2.) Proportionality
• 3.) International Opinion

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Evolving Standards of Decency National Consensus

• Court departed from requiring majority of states
  disapproving of a practice to find consensus.
• Instead, Court looked at the sheer numbers, but
  additionally looked at consistency of the
  direction of change.
• At the time of each case, 12 states prohibited
  the death penalty completely, and 18 excluded the
  group at issue (mentally-retarded persons /
  juveniles) from the reach of the death penalty.

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Evolving Standards of Decency Proportionality

• We must balance the culpability of the defendant
  against the severity of the death penalty.
• Roper Court quoting Atkins Court Capital
  punishment must be limited to those offenders who
  commit a narrow category of the most serious
  crimes' and whose extreme culpability makes them
  'the most deserving of execution.
• If the justifications for punishment (both
  retributive and utilitarian) are not applicable
  in a given implementation of the death penalty,
  the punishment is excessive.

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Evolving Standards of Decency International
Flavor?

• Prior to Roper/Atkins, the Court had largely
  stopped considering international opinion in its
  death penalty jurisprudence.
• The Court gave a bit of attention to
  international opinion in Atkins and quite a bit
  more in Roper.
• Court noted in Atkins Within the world
  community, the imposition of the death penalty
  for crimes committed by mentally retarded
  offenders is overwhelmingly disapproved.
• Court noted in Roper Our determination that the
  death penalty is disproportionate punishment for
  offenders under 18 finds confirmation in the
  stark reality that the United States is the only
  country in the world that continues to give
  official sanction to the juvenile death penalty.

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International Flavor (contd)

• The Court was quick to caution in Roper, however,
  that The opinion of the world community, while
  not controlling our outcome, does provide
  respected and significant confirmation for our
  own conclusions.
• Justice Antonin Scalia has asserted, "The views
  of other nations, however enlightened the
  Justices of this Court may think them to be,
  cannot be imposed upon Americans through the
  Constitution." Thompson v. Oklahoma, 487 U.S. 815
  (1988) (Scalia, J., dissenting).
• Tom DeLay does not approve.
• This is obviously a hot topic in many
  constitutional interpretation areas, and we could
  probably debate it all day long. I thought,
  though, because it is relatively controversial,
  that this might be a good time to pause and ask
  the class if they have any thoughts specifically
  on international opinion being used to interpret
  the U.S. Constitutions Eighth Amendment.

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Evolving Standards of Decency Death Penalty for
Child Rape?

• 1.) National Consensus
• 2.) Proportionality
• 3.) International Opinion

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Child Rape, Death Penalty, and National Consensus

• Of the 38 capital states, only 13 permit the use
  of the death penalty for offenses other than
  murder. Put that way, it can be argued that there
  is more consensus here than in either Roper or
  Atkins.
• More specifically, as Jordan so effectively
  pointed out, only 7 states currently authorize
  the use of the death penalty for those convicted
  of child rape. But, 4 of those 7 passed their
  statutes within the last 2 years. So it could be
  argued that the direction of consensus is moving
  towards consensus in favor of using the death
  penalty in cases of child rape.
• But then again, 7 of 50 states is very hard to
  call a consensus.
• And perhaps of the other 43 states, many are
  simply attempting to comply with Coker. This is
  undercut somewhat, though, by the fact that only
  2 states authorized the death penalty for child
  rape at the time of Coker.

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Child Rape, Death Penalty, and Proportionality

• Some argue that Coker stands for the proposition
  that a crime must result in death for death to be
  a proportionate punishment, thus the retribution
  goal is not properly served.
• The counter is obviously that the rape of a child
  is more heinous than the rape of an adult.
  Indeed, maybe there is no other crime except
  murder that is as awful as the rape of a child.

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Child Rape, Death Penalty, and Proportionality
(contd)

• Are utilitarian objectives served?
• Deterrence?
• Rehabilitation?

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Child Rape, Death Penalty, and International
Opinion

• Countries that authorize the death penalty
  specifically for child rape include China, Iran,
  Jordan, Mongolia, the Philippines, Uganda, and
  Uzbekistan.
• More than half of the countries that retain the
  death penalty do not have capital child-rape
  laws.
• There is a growing trend towards abolishing the
  death penalty wholesale internationally.

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Constitutional Conclusions?

• Mine?
• Jordans?
• Yours?
• Prof. Bermans?

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