On September 2, 1974, Ehrlich A. Coker a convicted rapist, murderer, and overall felon that had been previously sentenced to three (3) life sentences plus 20 years, as well as an eight (8) year prison term had managed to escape. While on the run, Coker entered the residence of Elnita and Allen Carver without permission and threatened the couple. Mr. Coker proceeded to tie up Mr. Carver, steal Mrs. Carver’s money and car keys. Mrs. Carver was subsequently raped and kidnapped by Coker. It was upon Mr. Carver managing to free himself that he was then able to notify police of the events that had taken place. Shortly after, Coker was located and Mrs. Carver was found uninjured.
Coker was then charged with the new offenses of rape, kidnapping, escape, armed robbery and theft of a motor vehicle. After the case had been taken to trial, Coker was found guilty and his attempt to plea insanity fell short. During Coker’s sentencing hearing the jury found that the defendant should be put to death by
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The question then asked before the justices was whether or not capital punishment for the crime of rape was “cruel and unusual punishment” under the Eighth Amendment. The Court found that the death penalty was not invariably cruel and unusual punishment when referencing the Eighth Amendment. However, in the case of Coker v. Georgia the Court did find that the sentence of death was grossly disproportionate and is an excessive punishment for the crime; therefore, it is forbidden by the Eighth Amendment as cruel and unusual punishment (Brody & Acker, 2010, p. 55). At the time of the case in question, the majority of States had ever authorized the use of death for the offense of rape (Brody & Acker, 2010, p. 55). In the case of Furman v. George, under that ruling most of the capital punishment statues in the United States had become invalidated, including rape