In 1974 Ehrlich Anthony Coker was sentenced to multiple life sentences in a Georgia prison for rape, murder, and the kidnapping of a teenage girl. On September of the same year, Coker escapes and forced his way into the residence of Carvers near Waycross, Ga. Entering the residence through an unlocked door Coker tied up Allen(the husband) and sexually assaulted his wife Elnita. Then threaten Allen’s life and abducted Elnita and took their vehicle but was later caught by police.
As a result, Coker was charged with rape, armed robbery, motor vehicle theft, and escape. Coker was trialed and found guilty of all charges and sentenced to death. The reasoning why the death penalty ( under Georgia’s State Law) was applied because of the aggravating
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Supreme Court heard and ruled 7 to 2 decision it was unconstitutional to impose a death punishment on someone for rape. The court reasoned that punishments violate the Eighth Amendment of the are “excessive in relation to the crime committed”, that determination about excessiveness are properly informed by the “country’s present Judgement” and that the Georgia law could not survive this type of inquiry because no other state subjected persons convicted of the rape of an adult woman to execution. Moreover the Court explained the Eighth Amendment bars not only those punishments that are “barbaric” but also those that are “excessive” and unconstitutional if it makes no measurable contribution to acceptable goals of punishment and hence is nothing more than the purposeless and needless imposition of pain and suffering, or is grossly out of proportion to the severity of the crime (pp. 433 U.S. 591-592). ‘The death is disproportionate penalty for rape is strongly indicated by the objective evidence of present public judgement, as represented by the attitude of state legislatures and sentencing juries, concerning the acceptability of such a penalty, it only State authorizing the death sentence, it appearing that Georgia is currently the only state authorizing the death sentence for rape of an adult woman, that it is authorized for rape in only two other states, but only when the victim is a child, and that in vast majority of rape convictions in Georgia …show more content…
Supreme Court has redefined (along with not defining) the Eighth Amendment and “Cruel and Unusual Punishment”. Moreover, the court has intervened in many cases where the death penalty was applied injustice. The Cruel and unusual punishment doctrine has not been well developed. The Supreme Court’s primary concentration has been on the word “cruel” when determining what punishments are prohibited. But the attempts at a definition for “unusual” has led to a number of diverse interpretation. For instance, “unusual” signifies something different from that which generally done; penalties are unusual if they are imposed rarely; innovative punishments are not unusual if they are no more cruel than those which supersede them, and all extreme and barbarous penalties are unusual regardless of how infrequently they are imposed. Thus, the Supreme Court although ruling many times on “cruel and unusual” punishments they have yet to developed no comprehensive theory in regards to the Eighth Amendment. Therefore, the Supreme Court use four characteristic to rule on these cases: the punishment must not be inherently cruel; it must not be disproportionate to the offense charged; it must not be an affront to the concept of human dignity; and any definition of “cruel and unusual” must comport with the Court’s conception of public opinion regarding
Trisha Montoya Adju.102 Spring 2018- Case: Gregg vs Georgia. No. 74-6257 Argued 31Mar1976. Decided 02Jul1976. 428 U.S. 153. FACTS:
New York Times (NYT) column-writer, conversely a certified lawyer, Adam Liptak, in his article, “Supreme Court Rejects Alabama Death Row Inmate’s Appeal”, describes how a death-row inmate from Alabama requests death by a firing squad as opposed to lethal injection, that contains the sedative midazolam, for his death sentence, but was rejected by the Supreme Court of the United States. Liptak’s purpose is to demonstrate that the Supreme Court’s decision to reject the appeal may have been unconstitutional due to the means of execution by lethal injection causing “prolonged torture” rather than a quick death due to midazolam, which disputes the eighth amendment in the Bill of Rights, the first ten amendments of the U.S. Constitution. Liptak develops
Ultimately they were able to gather enough evidence to convict him and kenneth mcduff was now serving his first sentence. He was serving 12 four year terms that would to be served concurrently however he made parole just 12 months later in 1965.
The Supreme Court ordered that such “deliberate indifference” to an inmate 's “serious medical needs” was a violation of that inmate 's Eighth Amendment right to be free from cruel and unusual punishment. This case guaranteed three basic rights: the right to access to care, the right to care that is ordered, and the right to professional medical judgment.
Court case Coker v. Georgia was brought to the U.S. Supreme Court on June 29, 1977. Erlich Anthony Coker committed the crime of escaping from prison, breaking into a house, committing armed robbery against the residents of the house, rape and kidnapping of the women inside the house, and stealing the residents car. Before Coker escaped prison he was serving a sentence for murder, rape, kidnapping, and aggravated assault. Coker escaped from prison and broke into the home of Elnita and Allen Carver, he then threatened the Carvers, tied up Allen Carver in the bathroom. He proceeded to the kitchen to get a knife then took money and the keys to the Carver's car.
The Eighth Amendment is something we have came across before.” One of the biggest arguments we have is the death penalty. This is one of the biggest examples of the 8th amendment that is used in court cases. This leads to big controversy of the death penalty that leads judges making sure they follow the 8th amendment. Lots of people use a defendant that the 8th amendment is being violated when they get charge with this punishment.
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.
The Supreme Court has observed that a method of execution violates the Eighth Amendment if it inherently involves “torture or a lingering death” or is “inhuman and barbarous.” This was brought into question in the case of Glossip V. Gross when Oklahoma introduced the drug midazolam as a new execution drug. The case also brings into question whether the court is required to supply a form of execution when the government cannot find one itself. In Baze v. Rees the three-drug protocol was observed for lethal injection by at least 30 states, where barbiturate, an anesthesia that causes the person to go unconscious and two other drugs which paralyzed the prisoner eventually causes them to go into cardiac arrest.
The most important issue that must be addressed in this case is the principle of the “evolving standards of decency” and the uses of a national consensus. The “evolving standards of decency” were developed by Trop v. Dulles and have been implemented in one way or another in all of the precedents dealing with “cruel and unusual” punishment. It is important to treat these principles as an important aspect of “cruel and unusual” punishment jurisprudence, therefore turning from these set of principles would be foolish and a disregard for every precedent. However, it is important to acknowledge that each case satisfies the standards by using a different method; some use the presence or lack of state legislature as a judgment of consensus while others look at foreign countries.
John Rohrer Ms. Mears AP Government 23 February 2018 The Eighth is Great Out of all the Amendments included in the Bill of Rights, none have been as important in American courtrooms as the 8th Amendment. When an American is convicted of a crime of any kind, the 8th Amendment will be there to protect the rights of that American regardless of his or her circumstance. It is the 8th Amendment which builds the foundation of our criminal justice system and allows us to call ourselves a civilized society even when punishing others.
Research Paper: Capital Punishment Capital punishment is one of the most controversial and talked-about topics in the United States today. It is an issue that is not explicitly mentioned in our constitution, so states have been left to interpret the law. As of April 2017, 32 states in the US legally allow the death penalty. Of the 18 states that have banned it, the most recent was Maryland in 2013. The topic is so controversial that the Supreme Court has gotten involved many times, deciding on more cases that have to do with capital punishment than most other subjects.
The protection of those charged with crimes is as important as any other provision in the American Constitution. It may sound like a paradox at first that it is this important to protect criminals, but looking further into it, it begins to make a lot of sense. All humans, no matter what, should never be treated cruelly, as our founding fathers knew well, as this would put us at the same level as those we deem to be unfit to participate in normal society. Even though this provision has been in the Constitution since the inception of the Bill of Rights back in 1789, not much attention was brought to it until a case in 1910 brought to light the idea that cruel and unusual punishment was not limited to just barbaric, medieval acts, but that it
In this scenario there are a lot of prisoner getting raped. Although, they are prisoners they still have some constitutional rights that apply to them as a prisoner. Their still entitled to be protected by the correctional officers at all times and if something happens to them the officer that is on duty at that time could face charges for violating their constitutionals rights. Therefore, if a prisoner is being raped on a regular basis and there is nothing being done about it then this is a violation of their Eighth Amendment right of cruel and unusual punishment because the officers knew about the rapes and done nothing to stop them. I feel that the ethical issue involved in this scenario is that the prisoners are being raped and the
It’s Not working out. By:Taija Jones. The 8th amendment says “Excessive bail shall not be required, Nor excessive fines imposed, Nor cruel and unusual punishments inflicted” . With that being said if the 8th amendment applies for cruel punishments of death penalties then why is it still happening.
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