Coker v. Georgia

433 U.S. 584, 97 S. Ct. 2861, 53 L. Ed. 2d 982 · Supreme Court of the United States · 1977

Criminal Law Assigned in 3 casebooks

Case brief summary

Rule

Punishing someone is 'cruel and unusual' and unconstitutional if the punishment is way too harsh compared to the crime committed.

Facts

While already serving time for murder and other crimes, Coker escaped prison and raped an adult woman during a robbery, and a jury sentenced him to death for the rape.

Procedural history

Georgia's highest court upheld his conviction and death sentence, and the Supreme Court agreed to review only whether the death penalty for rape violates the ban on cruel and unusual punishment.

Issue

Does sentencing a person to death for raping an adult woman violate the constitutional ban on cruel and unusual punishment?

Holding

Yes, the death penalty is grossly excessive punishment for raping an adult woman, so it violates the Constitution, and the sentence was reversed.

Reasoning

Looking at how few states and juries actually choose death for rape, and because rape, unlike murder, does not take a life, the Court found death to be a disproportionate punishment even with aggravating factors present.

Opinions

Majority (White): Death is an excessive, disproportionate punishment for raping an adult woman because the crime does not involve taking a life, based on state laws and jury practices.

Concurrences (Brennan, Marshall): Both argued the death penalty is always cruel and unusual punishment in every situation, not just for rape, so they agreed the sentence should be overturned.

Dissent (Powell): Powell agreed death was wrong here since this rape was not extremely brutal, but objected to the majority's broad rule banning death for all rapes everywhere.

Dissent (Burger): Burger argued the Court wrongly substituted its own policy views for the state legislature's judgment, especially given Coker's history as a repeat violent rapist.

Test yourself

Question 1 of 5

What aggravating circumstances did the jury find in sentencing Coker to death?

4 more questions in the full brief →
Cold call

The professor turns to you.

What were the underlying facts of the crime Coker committed against Mrs. Carver?
Try a cold call

In the full brief

The trap

On the exam

Other issues in this opinion

Unlock the full brief free