In 1874, Ehrlich Coker was serving multiple life sentences in Georgia for rape, murder, assault, and kidnapping. On September 2, 1974, Coker escaped from prison (ProCon, n.d.). Around 11:00 pm Coker broke into the house of Allen and Elnita Carver through an unlocked kitchen door (Brody & Acker, 2010). Coker tied up Allen Carver, took a knife from the kitchen and threatened Allen Carver stating “you know what’s going to happen to you if you try anything, don’t you.” Coker took Allen Carver’s money and his car keys. Coker threatened Elnita Carver then raped her (ProCon, n.d.). Coker forced Elnita Carver into the family car with him and drove off. Allen Carver freed himself and notified the police. Coker was apprehended quickly and Elnita …show more content…
At the trial, the jury was told they could consider aggravating circumstances. They were also allowed to consider whether the rape had been committed while committing another capital felony and that the rape had been committed by a person with a prior record with a conviction for a capital felony (Brody & Acker, 2010). The jury was also told that even if aggravating circumstances were there, the death penalty did not have to be imposed if the jury decided they were outweighed by mitigating circumstances (Brody & Acker, 2010). The jury found Coked guilty of all charges and was sentenced for the rape charge as death by electrocution because of two aggravating circumstances and under Georgia law justifies the death penalty (proCon, …show more content…
The Court also noted that most states declined to impose as harsh a penalty as death. Georgia was the only state that authorized the death penalty for rape of an adult woman. Rape does not involve taking another human life therefore, the Court found the death penalty was excessive in severity and revocability (Oyez, n.d.). The Court also stated that in Georgia since 1973, for most of rape convictions, the juries have not imposed the death. That Georgia was one of only two states that allowed the death penalty when the victim was a child (Oyez,