What is the petitioner's argument and the respondent's argument in the case of "Coker V. Georgia"?

Please help me D:

2 Answers

Relevance
  • Anonymous
    10 years ago
    Favorite Answer

    Coker held that the eight amendment of the United States COnstitution did not constitute the death penalty for raping women. Prior the death penalty could only be used if the criminal committed a murder. In this case he did not, he just raped a woman and stole the vehicle. He was sentenced to death and it was upheld by the Georgia Supreme Court.

    The respondent felt that the sentence was justified due to the crime being horrendous (as the petitioner was sentenced prior because he murdered someone). Furthermore the respondent felt that the death penalty was constitutional because "(1) by a person with prior capital-felony convictions and (2) in the course of committing another capital felony, armed robbery" This was however overturned by the Supreme Court using the decision shown below.

    (this is as far as I am going. Please see the attached site).

    http://caselaw.lp.findlaw.com/scripts/getcase.pl?c...

    "That question, with respect to rape of an adult woman, is now before us. We have concluded that a sentence of death is grossly disproportionate and excessive punishment for the crime of rape and is therefore forbidden by the Eighth Amendment as cruel and unusual punishment. 4 [433 U.S. 584, 593] "

    • Login to reply the answers
  • 4 years ago

    All the time. I may not always agree with what others have to say, but I at least listen to their point of view. That's part of having an open mind.

    • Login to reply the answers
Still have questions? Get your answers by asking now.