NCJ Number
54255
Journal
Louisiana Law Review Volume: 38 Issue: 3 Dated: (SPRING 1978) Pages: 868-874
Date Published
1978
Length
8 pages
Annotation
A U.S. SUPREME COURT DECISION, COKER V. GEORGIA (1977), REVERSING THE IMPOSITION OF THE DEATH PENALTY IN A GEORGIA RAPE CASE IS CRITICIZED.
Abstract
THE DEFENDANT RAPED AND STABBED A WOMAN TO DEATH; 8 MONTHS LATER HE KIDNAPPED ANOTHER WOMAN, RAPED HER TWICE, AND LEFT HER TO DIE AFTER SEVERLY BEATING HER. WHILE SERVING MULTIPLE LIFE TERMS FOR THESE OFFENSES, HE ESCAPED AND KIDNAPPED, RAPED, AND ROBBED A THIRD WOMAN AT KNIFEPOINT. HE WAS FOUND GUILTY OF RAPE AND SENTENCED TO DEATH. UPON SUBSEQUENT APPEAL TO THE SUPREME COURT, THE COURT RULED THAT THE DEATH PENALTY IS A GROSSLY DISPROPORTIONATE AND EXCESSIVE PUNISHMENT FOR THE RAPE OF AN ADULT WOMAN AND THEREFORE VIOLATES THE EIGHTH AMENDMENT'S PROHIBITION OF CRUEL AND UNUSUAL PUNISHMENT. IN THE INSTANT CASE, THE PLURALITY INTERPRETED GREGG AS HAVING FOLLOWED THE HOLDINGS AND DICTA OF PRIOR CASES TO THE EFFECT THAT THE 8TH AND 14TH AMENDMENTS FORBID PUNISHMENTS THAT ARE EITHER 'BARBARIC' OR 'EXCESSIVE' IN RELATION TO THE CRIME. IN THE GREGG TEST, 'EXCESSIVENESS' IS DEEMED TO EXIST WHEN THE PUNISHMENT 'MAKES NO MEASURABLE CONTRIBUTION TO ACCEPTABLE GOALS OF PUNISHMENT AND HENCE IS NOTHING MORE THAN THE PURPOSELESS AND NEEDLESS IMPOSITION OF PAIN AND SUFFERING' IF IT IS OUT OF PROPORTION TO THE CRIME COMMITTED. IN MAKING ITS DECISION IN COKER, THE COURT EXAMINED DATA THAT SHOWED THAT ONLY GEORGIA PROVIDED THE DEATH PENALTY FOR THE RAPE OF AN ADULT WOMAN AND THAT GEORGIA JURIES IMPOSED THE PENALTY IN ONLY 10 PERCENT OF POSSIBLE CASES. FURTHER, THE PLURALITY EXPRESSED THE OPINION THAT SINCE THE VICTIMS DID NOT DIE FROM THE RAPE, DEATH FOR THE DEFENDANT CONSTITUTED CRUEL AND UNUSUAL PUNISHMENT. THE PLURALITY'S APPROACH DOES NOT REFLECT CONTEMPORARY MORALITY NOR TAKE SERIOUSLY THE PROLONGED, PERHAPS IRREVERSIBLE EMOTIONAL AS WELL AS PHYSICAL SUFFERING OF THE VICTIM, AS WELL AS THE AGGRAVATING CIRCUMSTANCES PRESENTED BY THE OFFENDER'S PRIOR CRIMINAL HISTORY. ADDITIONALLY, THE LEGITIMATE GOALS OF DETERRENCE AND RETRIBUTION WOULD SURELY HAVE BEEN SERVED BY THE DEATH PENALTY IN THIS CASE. ALSO, THE COURT'S REASONING THAT THE DEATH PENALTY IS ONLY JUSTIFIED WHEN A VICTIM'S LIFE IS TAKEN WOULD SURELY CALL INTO QUESTION LAWS IMPOSING THE DEATH PENALTY FOR SUCH CRIMES AS THE RAPE OF A CHILD, ARMED ROBBERY, KIDNAPPING, AIRPLANE HIJACKING, AND TREASON. (RCB)