In the cases of ‘Coker V. Georgia’ and ‘Kennedy V. Louisiana’ a very important question was brought up; does the death penalty constitute for cruel and unusual punishment in regards to the rape of an adult woman or child? Most people can attest to rape being one of the most egregious criminal acts, but how do we keep a fair punishment, and not lose sight of the reasoning in our eighth amendment in such cases?
Case Information In the case of Coker V. Georgia, a man by the name of Ehrlich Coker, who was already imprisoned for multiple cases of rape among many other offenses, escaped prison and raped again along with several other unsavory acts. He was sentenced to death for his post-escape rape.
The Supreme Court however ruled that the death penalty was grossly
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Louisiana; the eighth amendment provides that punishments should not be barbaric in nature or excessive in duration, and that punishment should not be grossly disproportionate to the crime nor should it be needlessly severe. In accordance with this the fourteenth amendment was also used in the Coker V. Georgia case, specifically where it is stated that no state shall deprive a person of life.
Previous Criminal Record: Coker V. Georgia Regarding Coker V. Georgia, Ehrlich Coker was previously convicted of, and serving multiple sentences for, aggravated assault, kidnapping, rape and murder when he escaped from prison. Once apprehended, he was charged with escape, tried and convicted for armed robbery, motor vehicle theft, kidnapping, and rape.
Previous Criminal Record: Kennedy V. Louisiana
In regard to the case of Kennedy V. Louisiana, there are no known previous convictions; however his victim’s cousin was called to stand as a witness, where she stated that she had also been sexually assaulted, multiple times, by Kennedy.
Determining Punishment The death penalty, in both cases, was determined to be unconstitutional due to the