Erlich Anthony Coker was serving several sentences on a variety of sexually related charges when he escaped from a Georgia prison. During his time on the run, he broke into a home where he raped the women that lived there and stole a vehicle. He was captured and sentenced to death by the jury that convicted him.
This single case would have a lasting effect on the laws regarding the death penalty. Coker appealed to the Supreme Court of Georgia who upheld the sentence. In 1977 the US Supreme Court would take the position that the Eighth Amendment to the United States Constitution forbid the death penalty from being applied to a case of rape where the victim survives and is an adult at the time of the crime. They decided it was "cruel and unusual" punishment not fitting the crime. The quick read of the case can be found here.
I bring the Coker case up, for two reasons- one because I prefer Chief Justice Burger opinion on the case, he dissented and said this about it:
Perfectly said.
The other reason I mention this is to highlight the fact that the 1977 court ruling only effected cases involving adult victims of rape.
I've mentioned before that a new law would allow OK to seek the death penalty for those who repeatedly rape children. And I explained why I favored it. Texas also has a law in the works, and a few states already passed their laws. The main point in most of them is that they are designed to e limited to repeat offenders. I personally disagree with the idea of having to increase the number of victims before we're really willing to do anything to stop these perverts-- but no one asked my thoughts on it.
Louisiana on the other hand is a little different with their laws. They allow for first time child rapist to be sentenced to death. And they even have one sitting there on the row waiting for judgement day already.
Patrick Kennedy, of Harvey LA a relative as she was sorting cookies in the garage of the home she lived in. The same day he reportedly bragged that she had "became a lady" that day. Kennedy was sentenced and received the death penalty. He appealed, claiming that the death penalty for rape violated the Eighth Amendment protection against "cruel and unusual" punishment. But, remember that Coker case I mentioned? The one that only applied to ADULT victims? In his appeal, that case was sited, and thankfully, the court kept in following that case, so because Kennedy's victim was a monor child- they upheld the sentence.
As the reader who sent this to me said:
"It's about time"
Now, if only the rest of the states would look to Louisiana and take their lead.
This single case would have a lasting effect on the laws regarding the death penalty. Coker appealed to the Supreme Court of Georgia who upheld the sentence. In 1977 the US Supreme Court would take the position that the Eighth Amendment to the United States Constitution forbid the death penalty from being applied to a case of rape where the victim survives and is an adult at the time of the crime. They decided it was "cruel and unusual" punishment not fitting the crime. The quick read of the case can be found here.
I bring the Coker case up, for two reasons- one because I prefer Chief Justice Burger opinion on the case, he dissented and said this about it:
"the Eighth Amendment does not prevent the State from taking an individuals 'well-demonstrated propensity for life-endangering behavior' into account in devising punitive measures which will prevent inflicting further harm upon innocent victims." If the Court was serious about sanctioning the continued use of the death penalty, it should allow states to use it in appropriate circumstances.
Furthermore, rape is a heinous crime. "A rapist not only violates a victim's privacy and personal integrity, but inevitably causes serious psychological as well as physical harm in the process. The long-range effect upon the victim's life and health is likely to be irreparable; it is impossible to measure the harm which results."
Perfectly said.
The other reason I mention this is to highlight the fact that the 1977 court ruling only effected cases involving adult victims of rape.
I've mentioned before that a new law would allow OK to seek the death penalty for those who repeatedly rape children. And I explained why I favored it. Texas also has a law in the works, and a few states already passed their laws. The main point in most of them is that they are designed to e limited to repeat offenders. I personally disagree with the idea of having to increase the number of victims before we're really willing to do anything to stop these perverts-- but no one asked my thoughts on it.
Louisiana on the other hand is a little different with their laws. They allow for first time child rapist to be sentenced to death. And they even have one sitting there on the row waiting for judgement day already.
The Times: In Louisiana, anyone convicted of aggravated rape in which the victim is younger than 12 may face the death penalty if prosecutors inform the court before trial that they will seek it. The only other sentencing option in such cases is mandatory life in prison without parole.
Patrick Kennedy, of Harvey LA a relative as she was sorting cookies in the garage of the home she lived in. The same day he reportedly bragged that she had "became a lady" that day. Kennedy was sentenced and received the death penalty. He appealed, claiming that the death penalty for rape violated the Eighth Amendment protection against "cruel and unusual" punishment. But, remember that Coker case I mentioned? The one that only applied to ADULT victims? In his appeal, that case was sited, and thankfully, the court kept in following that case, so because Kennedy's victim was a monor child- they upheld the sentence.
In Tuesday's opinion, Justice Jeffrey Victory wrote, "Our state Legislature and this court have determined this category of aggravated rapist to be among those deserving of the death penalty, and, short of a first-degree murderer, we can think of no other non-homicide crime more deserving."
Victory wrote that the Louisiana law meets the U.S. Supreme Court test requiring an aggravating circumstance — in this case the age of the victim — to justify the death penalty.
As the reader who sent this to me said:
"It's about time"
Now, if only the rest of the states would look to Louisiana and take their lead.