Coker v. Georgia

Supreme Court of the United States · 1977 · Criminal Law

Criminal LawEighth AmendmentCapital PunishmentRapeCruel and Unusual PunishmentEighth Amendmentcruel and unusual punishmentcapital punishment

Facts

While serving sentences for murder, rape, kidnaping, and aggravated assault, Coker escaped from a Georgia correctional institution. He entered the Carvers' home, threatened them, tied up Mr. Carver, took a knife, robbed him, and raped Mrs. Carver before driving away with her; she was later recovered unharmed. Coker was convicted of multiple offenses, including rape, and at the separate sentencing proceeding the jury found two statutory aggravating circumstances: a prior capital felony record and commission of the rape during another capital felony, armed robbery. The jury imposed death for the rape conviction.

Issue

Whether the Eighth Amendment permits a State to impose the death penalty for the rape of an adult woman. More specifically, whether a sentence of death for rape is so disproportionate and excessive that it constitutes cruel and unusual punishment.

Rule

Under the Eighth Amendment, punishment is unconstitutional if it is excessive, including when it is grossly out of proportion to the severity of the crime. Applying that principle, a sentence of death is a grossly disproportionate and excessive punishment for the rape of an adult woman and is therefore forbidden as cruel and unusual punishment.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Alabama, Devin Cross is convicted of raping an adult woman during a home invasion. The victim survives, and the jury—after finding a statutory aggravating circumstance—imposes death under a guided-discretion capital statute.

Assuming the sentencing procedures are otherwise valid, is the death sentence constitutional?

Explanation. The majority held that the Eighth Amendment forbids the death penalty for the rape of an adult woman because death is grossly disproportionate and excessive for that crime. The Court emphasized that rape is grave and reprehensible, but it does not involve the unjustified taking of human life. Valid capital procedures do not cure that disproportionality.