Coker v. Georgia Supreme Court Case, Arguments, Impact

In Coker v. Georgia (1977), the Supreme Court ruled that issuing a death sentence for the rape of an adult woman was cruel and unusual punishment under the Eighth Amendment. Fast Facts: Coker v. Georgia Case Argued: March 28, 1977Decision Issued: June 29, 1977Petitioner: Erlich Anthony Coker, an inmate serving a number of sentences in a Georgia prison for murder, rape, kidnapping, and assault, who escaped and raped a womanRespondent: The state of GeorgiaKey Question: Was the imposition of the death penalty for rape a form of cruel and unusual punishment forbidden by the Eighth Amendment?Majority Decision: Justices White, Stewart, Blackmun, Stevens, Brennan, Marshall, PowellDissenting: Justices Burger, RehnquistRuling: The Court found that a death sentence was a â€Å"grossly disproportionate and excessive punishment† for the crime of rape, which violated Cokers Eighth Amendment rights. Facts of the Case In 1974, Ehrlich Coker escaped from a Georgia prison where he was serving multiple sentences for murder, rape, kidnapping, and aggravated assault. He entered the home of Allen and Elnita Carver through a back door. Coker threatened the Carvers and tied up Allen Carver, taking his keys and wallet. He threatened Elnita Carver with a knife and raped her. Coker then got in the car and drove off, taking Elnita with him. Allen freed himself and called the police. Officers found and arrested Coker. In 1974, the Georgia Criminal Code read, [a] person convicted of rape shall be punished by death or by imprisonment for life, or by imprisonment for not less than one nor more than 20 years. The death penalty could only be pursued for rape in Georgia if one of three â€Å"aggravating circumstances† were present: The offender had a prior conviction for a capital felony.The rape was committed while the offender was engaged in the commission of another capital felony, or aggravated battery.†The rape was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or aggravated battery to the victim.† The jury found Coker guilty of the first two aggravating circumstances. He had prior convictions for capital felonies and committed armed robbery during the assault. The Supreme Court granted certiorari. The case built upon a foundation that the Supreme Court had laid under Furman v. Georgia (1972) and Gregg v. Georgia (1976). Under Gregg v. Georgia, the Supreme Court had held that the Eighth Amendment bars both â€Å"barbaric† and â€Å"excessive† punishments for crime. â€Å"Excessive† punishment was defined as punishment that: does nothing to contribute to â€Å"acceptable goals† of punishment;is purposeless or needless imposition of pain and suffering;is â€Å"grossly† disproportionate to the severity of the crime. Gregg v. Georgia also required courts to use objective factors to establish the above criteria. A court must look at history, precedent, legislative attitudes, and jury conduct. Arguments The attorney representing Coker focused on the proportionality of the punishment to the crime. Imprisonment was a more appropriate punishment for rape than death, he argued. Cokers attorney further noted that there was an evident trend towards abolishing the death penalty in rape cases. The attorney on behalf of the state of Georgia argued that the death penalty did not violate Cokers Eighth Amendment protections against cruel and unusual punishment. The state of Georgia had a vested interest in reducing recidivism by imposing harsh punishments on violent crimes, according to the attorney. He argued that the punishment of capital crimes should be left to state legislators. Majority Opinion Justice Byron Raymond White delivered the 7-2 decision. The majority found that a death sentence was â€Å"grossly disproportionate and excessive punishment† for the crime of rape. Issuing the death penalty against Coker violated the Eighth Amendment. Rape, while â€Å"highly reprehensible, both in a moral sense and in its almost total contempt for the personal integrity,† should not require capital punishment, the majority argued. The Court dismissed the idea that â€Å"aggravating circumstances† should allow a jury to increase punishment to the level of a death sentence. The majority noted that Georgia was the only state which still allowed a death sentence for the rape of an adult woman. Since 1973 Georgia juries had only sentenced six men to death in Georgia for rape and one of those convictions was set aside. According to the majority, these, along with other statistics, showed a growing trend towards punishments other than death for rape. Justice White concluded the majority opinion by highlighting the fact that in Georgia, murderers were not subject to the death penalty if aggravating circumstances were not present. Justice White wrote: â€Å"It is difficult to accept the notion, and we do not, that the rapist, with or without aggravating circumstances, should be punished more heavily than the deliberate killer as long as the rapist does not himself take the life of his victim.† Dissenting Opinion Justice Warren Earl Burger filed a dissenting opinion, joined by Justice Rehnquist. Justice Burger felt that the question of how to punish repeat offenders should be left up to legislators. He rejected the idea that punishment can only be as severe as the crime itself, and argued that the Court had underestimated the â€Å"profound suffering the crime imposes upon the victims and their loved ones.† Justice Burger noted that Coker had previously been convicted for two separate and brutal sexual assaults. The state of Georgia, he argued, should be allowed to more severely punish the third instance of the crime to deter other repeat offenders and encourage victim reporting. Concurring Opinions Multiple Justices authored concurring opinions to address specific elements of the case. Justices Brennan and Marshall, for example, wrote that the death penalty should be unconstitutional in all circumstances under the Eighth Amendment. Justice Powell, however, stated that the death penalty should be allowed in some rape cases where aggravating circumstances are present, just not the one at hand. Impact Coker v. Georgia was one case in a group of Eighth Amendment death penalty cases handled by the Supreme Court. While the Court found the death penalty unconstitutional when applied to the rape of an adult woman, they left it at that. The death penalty remained an option for juries hearing child rape cases in Mississippi and Florida until the 1980’s. In 2008, Kennedy v. Louisiana outlawed the death penalty, even in cases of child rape, signaling that the court would not tolerate the death penalty in cases other than murder or treason. Sources Coker v. Georgia, 433 U.S. 584 (1977).Kennedy v. Louisiana, 554 U.S. 407 (2008).Gregg v. Georgia, 428 U.S. 153 (1976).

Unit 8 Child Care Level 3 Essay - 2662 Words

Unit 8- Caring for children E1/A1 The role and responsibilities of an early year’s practitioner follow a number of codes. When working with children there are many care needs of children, such as special needs, safeguarding children, children’s learning, behaviour, and working with parents. Early years practitioners have set responsibilities when working with children, like meeting the learning needs of a child, providing an environment which is welcoming and also they have to work together as part of a team to provide good service for both children and parents. Practitioners have to put the needs of children first because this will help keep children safe and encourages children to be independent. It’s important to show†¦show more content†¦Child Care and Education 4th Edition page 332 Penny Tassoni 2007 An independent setting is where they have more freedom. They may not reply on government funding and also they may not have to follow the EYFS or the national curriculum. E4/C1 The Education Act 2002 – local schools and authorities are required to protect and safeguard and promote the welfare of children. The Every Child Matters (ECM) 2004- The main points of this act regulates care of children is to protect and promote the welfare of children. Being healthy, achieving goals and being involved in different activities. Child Act 1989- â€Å"the Children Act 1989 aimed to ensure that the welfare of the child was paramount, working in partnership with parents to protect the child from harm† http://www.careandthelaw.org.uk/eng/b_section2 appendix 3 Children and young people should feel happy, safe, respected and included in the school or early years setting environment and all staff should be proactive in promoting positive behavior in the classroom, playground and the wider community. 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All Quite On The Western Front Essay Example For Students

All Quite On The Western Front Essay All Quiet on the Western Front shows the change in attitudes of the men before and during the war. This novel is able to portray the overwhelming effects and power war has to deteriorate the human spirit. Starting out leaving youre home and family pr d and ready to fight for you country, to ending up tired and scarred both physically and mentally beyond description. At the beginning of the novel nationalist feelings are present through pride of Paul and the rest of the boys. However at the end of the war it is apparent how pointless war really is. *All Quiet on the Western Front is a novel that greatly helps in the understanding the effects war. The novel best shows the attitudes of the soldiers before the war and during the war. Before the war there are high morals and growing nationalist feel gs. During the war however, the soldiers discover the trauma of war. They discover that it is a waste of time and their hopes and dreams of their life fly further and further away. The remains of Paul Baumers company had moved behind the German front l es for a short rest at the beginning of the novel. After Behm became Pauls first dead schoolmate, Paul viewed the older generation bitterly, particularly Kantorek, the teacher who convinced Paul and his classmates to join the military. While they tau t that duty to ones country is the greatest thing, we already that death-throes are stronger. And we saw that there was nothing of their world left. We were all at once terribly alone; and alone we must see it through.P. 13 Paul felt completely etrayed. We will make ourselves comfortable and sleep, and eat as much as we can stuff into our bellies, and drink and smoke so that hours are not wasted. Life is short. P 139 Views of death and becoming more comfortable with their destiny in the r became more apparent throughout the novel. Paul loses faith in the war in each passing day. * Through out the novel it was evident that the war scarred the soldiers permanently mentally. Everyone was scared to go to war when it started. Young recruits were first sent because the veterans knew they were going to come back dead. When we run t again, although I am very excited, I suddenly think: wheres Himmelstoss? Quickly I jump back into the dug-out and find him with a small scratch lying in a corner pretending to be wounded. P 131 Even the big men like Himmelstoss are scared to go ght. He is in a panic; he is new to it too. But it makes me mad that the young recruits should be out there and he here. P 131 The soldiers were being crushed and seeing things get destroyed, but because they had detached themselves they thought t y were able to handle it. We believe in such things no longer, we believe in  war.P.88 That was Pauls motto. Although, as time went on he began to realize something wasnt right. He tried to replace these feelings with pleasure, so he spent the ight at the French girls house. After he just felt worse and unfulfilled. we are crude and sorrowful and superficial I believe we are lost.P123 When Paul realizes that we are all brothers, true mental struggle is seen. Comrade, I did not ant to kill youWhy do they never tell us you are poor devils like us and that you have the same fear of deathIf we could just throw away these riffles and this uniform you could be my brother P. 223-224. The apparent change in views on e war has become extremely apparent. .u88f807337ec30fba291f069abd51eecd , .u88f807337ec30fba291f069abd51eecd .postImageUrl , .u88f807337ec30fba291f069abd51eecd .centered-text-area { min-height: 80px; position: relative; } .u88f807337ec30fba291f069abd51eecd , .u88f807337ec30fba291f069abd51eecd:hover , .u88f807337ec30fba291f069abd51eecd:visited , .u88f807337ec30fba291f069abd51eecd:active { border:0!important; } .u88f807337ec30fba291f069abd51eecd .clearfix:after { content: ""; display: table; clear: both; } .u88f807337ec30fba291f069abd51eecd { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u88f807337ec30fba291f069abd51eecd:active , .u88f807337ec30fba291f069abd51eecd:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u88f807337ec30fba291f069abd51eecd .centered-text-area { width: 100%; position: relative ; } .u88f807337ec30fba291f069abd51eecd .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u88f807337ec30fba291f069abd51eecd .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u88f807337ec30fba291f069abd51eecd .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u88f807337ec30fba291f069abd51eecd:hover .ctaButton { background-color: #34495E!important; } .u88f807337ec30fba291f069abd51eecd .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u88f807337ec30fba291f069abd51eecd .u88f807337ec30fba291f069abd51eecd-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u88f807337ec30fba291f069abd51eecd:after { content: ""; display: block; clear: both; } READ: An Inspector Calls EssayIn a war there is obviously apparent physical scars. As seen throughout the entire book, the destruction of war is great, on not only lives and property, but also on the human spirit. The young men in this book and of those of the times were subjec to physical torment. Eyes were blinded from such sights as, limbs being blown off, blood flowing everywhere, and innocent men dying in agony. When soldiers take shelter in the graveyard, bombs explode all around them; the living hide in coffins and th dead are thrown from their graves. The destructive power is so great that even the fundamental differences between life and death become blurred. All Quiet on the Western Front is a novel that portrayed World War I as it actually was. It is able to show all aspects of the actual war. It told the truth and showed the effects it had on the human spirit and views of war. It began with pride and e ed with agony.

Aphasia Essays - Huntingtons Disease, Chorea, Woody Guthrie

Aphasia -What is Huntington's Disease? -Huntington's Disease, also known as Huntington's Chorea, is a severe, degenerative, hereditary disorder of the nervous system. -Who or what is Huntington's Disease named for? -It is named after George Huntington, an American physician who first described the disease in 1872. -Who does Huntington's Disease affect? -Anyone who inherits an abnormal gene on one of a pair of chromosomes designated as chromosome 4. One of the patient's parents has to have had Huntington's Disease in order for it to be passed on to their offspring. If one of the parents has the distorted chromosome, there is a 50 percent chance it will be passed on to their offspring(s). Anyone who inherits the chromosome will inevitably fall victim to Huntington's Chorea. -At what age or ages are most patients affected? -The symptoms usually begin when the patient is 35-40 years of age. However, the disease can strike anytime; children and people in their old age can also begin to show symptoms. Patients who develop Huntington's Disease as children rarely live till adulthood. -What are some early symptoms of Huntington's Disease? -Early symptoms include: Clumsiness, restlessness, dullness, irritability, carelessness about one's personal grooming, depression, forgetfulness, mood swings, and involuntary twitching and/or lack of coordination. -What are some later symptoms of the disease? -Later symptoms include: Loss of memory, loss of concentration, pouting of lips, irregular raising of eyelids, pouting on cheeks. Soon, the head, shoulders, arms, and legs spasm uncontrollably. The disease gradually destroys the patient's memory and intellect, and the patient loses all control over muscles and over mental ability. -Is Huntington's Disease fatal? -Yes, anyone who inherits it will inevitably die from it. At the present, there are no medications and no known cure. -Is there anyway to determine whether or not someone has the disease? -Yes. In 1993 the HD gene was isolated and a direct genetic test was developed that accurately determines whether or not someone carries the gene. However, since there is no known cure, many unsure patients decide not to take the test. -Why is Huntington's Disease often called Huntington's Chorea? -It is called Huntington's Chorea because often the patient's spasms, combined with their voluntary walking, somewhat resemble a dance. Chorea means dance. It is derived from the same root as choreography. -Are there any celebrity casualties? -Woody Guthrie, the legendary depression-era folk singer and songwriter, was diagnosed with the disease in 1954, and lived with it for 13 years, until his death in 1967. Guthrie's mother, Nora Guthrie, had also developed the disease, but as the rural Oklahoma doctors could not diagnose it, Mrs. Guthrie was placed in the state insane asylum, where she died. Medicine

Compound Terms That Start with Half

Compound Terms That Start with Half Compound Terms That Start with â€Å"Half† Compound Terms That Start with â€Å"Half† By Mark Nichol By now, you have observed that compounds of two words can be closed, like paperback, hyphenated, like light-year, or open, like â€Å"ice cream.† This inconsistency (sometimes persisting, sometimes differing as the prevailing style changes) is one of the maddening vagaries of the English language, but the puzzlement intensifies when the style differs even among compounds beginning with the same word. Take compounds that start with half, for instance. The variability exists regardless of which part of speech the compound represents. Consider these sample nouns: In field sports such as football and soccer, one of the positions is halfback. But a brother or sister related to one by only one parent is a half brother or a half sister, and when the moon is half full, it is called a half-moon. Further inconsistency prevails, for example, in classes of similar terms: A fifty-cent piece is a half-dollar, but several other numismatic terms beginning with half â€Å"half crown,† â€Å"half dime,† and â€Å"half eagle† are open. (These are all discontinued values of currency, but the discrepancy persists.) Adjectives incorporating the word half also vary in style: Something that is lacking in effort is halfhearted the adverbial and noun forms, halfheartedly and halfheartedness, are also closed while something incomplete or lacking in some quality is half-baked. (I know of no adjectives beginning with half that are open compounds.) The compound verbs beginning with half that I found listed in one dictionary are consistently hyphenated, but there are only three: half-mast, half-sole, and half-volley. Adverbs are rare, too, but they follow the style of the adjectival forms. The form for a given compound may differ depending on part of speech or on meaning: For example, a book cover consisting of two distinct materials is half-bound, but the style is called half binding, and â€Å"half hour† is open, but half-hourly, as an adjective or adverb, is hyphenated. Meanwhile, the term for the intermission of a competition, whether used as a noun or an adjective, is halftime (â€Å"I walked around the stadium to stretch my legs during halftime†; â€Å"The halftime show seemed interminable†), but in the adjectival or adverbial sense of working half of the normal workweek, it is styled half-time. I could use another hyphenated compound beginning with half to describe my feelings about this imperfect system, but I’ll just say that the inconsistent nature of terms that belong in this broad category requires that I often do what I recommend you do whenever you plan to use one: Look it up. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:Arrive To vs. Arrive AtYay, Hooray, Woo-hoo and Other AcclamationsI wish I were...

Capstone Project Assignment Example | Topics and Well Written Essays - 500 words

Capstone Project - Assignment Example After a number of meetings they recommended three very important violence prevention programs which include prevention, intervention and treatment. They also established a new department of community programs to manage them. The first program involved improving and expanding gun violence prevention efforts in schools. This program kicked off in 1993 but was enforced in 1998 in response to the shooting in Jonesboro school. Schools in Arkansas started receiving federal funds to enable them set school based violence resource centers. According to Arkansas Advocates for Children & Families (2002), these violence resource centers wrote and published guidebooks on violence prevention that are now used in schools. The second program was an initiative of creating a Community threat assessment program. It was enforced in 1994 by the Arkansas Advocates for Children and Families. The organization published a handbook addressing violence â€Å"computer, cellos and call-in radio: violence prevention tools for the 90s†. This book had the steps to follow in confronting violence in the community. The last one was enhancing service provision and accessibility of mental and behavioral health under the treatment initiative. This program involved the Arkansas Art children’s hospital, school clubs, Art center, city parks and churches (Arkansas Advocates for Children & Families, 2002). In conclusion, the gun violence prevention programs started in Arkansas has greatly contributed to preventing gun violence cases in Arkansas. For instance, currently, there are 15 separate groups and 17 summer youth programs with more than 6,000 members funded by the initiative. In addition, a community in Arkansas, knows as Little Rock, recorded a 54% drop in juvenile gun violence arrests. Adjudicative practices are procedures that are made to solve disputes in the judiciary. One of these practices is rehabilitation of the federal prisoners.

This is an essay on MSc International Finance Example | Topics and Well Written Essays - 1500 words

This is an on MSc International Finance - Essay Example If these two concepts are to be mingled, then it may end up as the wrong medicine for a disease and lead to misjudgment and misallocation of resources. IMS does not promise any corrective measure addressed towards the increasing global imbalance. For the past few years the strength of the dollar is declining against the floating currencies of Europe (more specifically against euro and pound) and that of the Anglo Saxon world. However this will lead to the leveling of the current account deficit of USA. It also ensures that US fiscal deficit has to be adjusted immediately resulting in a wide leap in tax rate and finally a 25 percent revaluation of US $. The Europeans are in need for structural reform to liberalize the sclerotic European labor markets. However, neither US nor the European nations are adopting any corrective measures, making the current order as unsustainable. If this continues, the central bank of the Asian countries refuses to accumulate more dollars then in no time it will lead to a global recession. A viable IMS has to mend this type of disaster.