coker
georgia
argued
march
decided
june
serving
various
sentences
murder
rape
kidnaping
aggravated
assault
petitioner
escaped
georgia
prison
course
committing
armed
robbery
offenses
raped
adult
woman
convicted
rape
armed
robbery
offenses
sentenced
death
rape
charge
jury
found
two
aggravating
circumstances
present
imposing
sentence
rape
committed
person
prior
convictions
course
committing
another
capital
felony
armed
robbery
georgia
affirmed
conviction
sentence
held
judgment
upholding
death
sentence
reversed
case
remanded
pp
reversed
remanded
justice
white
joined
justice
stewart
justice
blackmun
justice
stevens
concluded
sentence
death
crime
rape
grossly
disproportionate
excessive
punishment
therefore
forbidden
eighth
amendment
cruel
unusual
punishment
pp
eighth
amendment
bars
punishments
barbaric
also
excessive
relation
crime
committed
punishment
excessive
unconstitutional
makes
measurable
contribution
acceptable
goals
punishment
hence
nothing
purposeless
needless
imposition
pain
suffering
grossly
proportion
severity
crime
pp
death
disproportionate
penalty
rape
strongly
indicated
objective
evidence
present
public
judgment
represented
attitude
state
legislatures
sentencing
juries
concerning
acceptability
penalty
appearing
georgia
currently
state
authorizing
death
sentence
rape
adult
woman
authorized
rape
two
victim
child
vast
majority
rape
convictions
georgia
since
juries
imposed
death
sentence
pp
although
rape
deserves
serious
punishment
death
penalty
unique
severity
irrevocability
excessive
penalty
rapist
opposed
murderer
unjustifiably
take
human
life
pp
conclusion
death
sentence
imposed
petitioner
disproportionate
punishment
rape
affected
fact
jury
found
aggravating
circumstances
prior
convictions
occurrence
rape
committing
armed
robbery
felony
death
sentence
also
authorized
since
prior
convictions
change
fact
rape
involve
taking
life
since
jury
deem
robbery
deserving
death
penalty
even
though
accompanied
aggravating
circumstances
prior
convictions
pp
georgia
law
deliberate
killer
sentenced
death
absent
aggravating
circumstances
argues
strongly
notion
without
circumstances
rapist
take
life
victim
punished
severely
deliberate
killer
justice
brennan
concluded
death
penalty
circumstances
cruel
unusual
punishment
prohibited
eighth
fourteenth
amendments
justice
marshall
concluded
death
penalty
cruel
unusual
punishment
prohibited
eighth
fourteenth
amendments
pp
justice
powell
concluded
death
disproportionate
punishment
crime
raping
adult
woman
crime
committed
excessive
brutality
victim
sustain
serious
lasting
injury
david
kendall
argued
cause
petitioner
briefs
kontz
bennett
jack
greenberg
james
nabrit
iii
peggy
davis
anthony
amsterdam
dean
grindle
assistant
attorney
general
georgia
argued
cause
respondent
brief
arthur
bolton
attorney
general
robert
stubbs
ii
executive
assistant
attorney
general
richard
chambers
first
assistant
attorney
general
john
walden
senior
assistant
attorney
general
harrison
kohler
assistant
attorney
general
dewey
hayes
ruth
bader
ginsburg
melvin
wulf
marjorie
mazen
smith
nancy
stearns
filed
brief
american
civil
liberties
union
et
al
amici
curiae
urging
reversal
justice
white
announced
judgment
filed
opinion
justice
stewart
justice
blackmun
justice
stevens
joined
georgia
code
ann
provides
person
convicted
rape
shall
punished
death
imprisonment
life
imprisonment
less
one
years
punishment
determined
jury
separate
sentencing
proceeding
least
one
statutory
aggravating
circumstances
must
found
death
penalty
may
imposed
petitioner
coker
convicted
rape
sentenced
death
conviction
sentence
affirmed
georgia
coker
granted
writ
certiorari
limited
single
claim
rejected
georgia
punishment
death
rape
violates
eighth
amendment
proscribes
cruel
unusual
punishments
must
observed
well
federal
government
robinson
california
serving
various
sentences
murder
rape
kidnaping
aggravated
assault
petitioner
escaped
ware
correctional
institution
near
waycross
september
approximately
night
petitioner
entered
house
allen
elnita
carver
unlocked
kitchen
door
threatening
couple
board
tied
mr
carver
bathroom
obtained
knife
kitchen
took
mr
carver
money
keys
family
car
brandishing
knife
saying
know
going
happen
try
anything
coker
raped
mrs
carver
soon
thereafter
petitioner
drove
away
carver
car
taking
mrs
carver
mr
carver
freeing
notified
police
long
thereafter
petitioner
apprehended
mrs
carver
unharmed
petitioner
charged
escape
armed
robbery
motor
vehicle
theft
kidnaping
rape
counsel
appointed
represent
found
competent
stand
trial
tried
jury
returned
verdict
guilty
rejecting
general
plea
insanity
sentencing
hearing
conducted
accordance
procedures
dealt
length
gregg
georgia
sustained
death
penalty
murder
imposed
pursuant
statutory
procedures
jury
instructed
consider
aggravating
circumstances
whether
rape
committed
person
prior
record
conviction
capital
felony
whether
rape
committed
course
committing
another
capital
felony
namely
armed
robbery
allen
carver
also
instructed
pursuant
statute
even
aggravating
circumstances
present
death
penalty
need
imposed
jury
found
outweighed
mitigating
circumstances
circumstances
constituting
justification
excuse
offense
question
fairness
mercy
may
considered
extenuating
reducing
degree
moral
culpability
punishment
app
jury
verdict
rape
count
death
electrocution
aggravating
circumstances
instructed
found
present
jury
ii
furman
georgia
decisions
last
term
gregg
georgia
proffitt
florida
jurek
texas
woodson
north
carolina
roberts
louisiana
make
unnecessary
recanvassing
certain
critical
aspects
controversy
constitutionality
capital
punishment
settled
death
penalty
invariably
cruel
unusual
punishment
within
meaning
eighth
amendment
inherently
barbaric
unacceptable
mode
punishment
crime
neither
always
disproportionate
crime
imposed
also
established
imposing
capital
punishment
least
murder
accordance
procedures
provided
georgia
statutes
saves
sentence
infirmities
led
invalidate
prior
georgia
capital
punishment
statute
furman
georgia
supra
sustaining
imposition
death
penalty
gregg
however
firmly
embraced
holdings
dicta
prior
cases
furman
georgia
supra
robinson
california
trop
dulles
weems
effect
eighth
amendment
bars
punishments
barbaric
also
excessive
relation
crime
committed
gregg
punishment
excessive
unconstitutional
makes
measurable
contribution
acceptable
goals
punishment
hence
nothing
purposeless
needless
imposition
pain
suffering
grossly
proportion
severity
crime
punishment
might
fail
test
either
ground
furthermore
eighth
amendment
judgments
appear
merely
subjective
views
individual
justices
judgment
informed
objective
factors
maximum
possible
extent
end
attention
must
given
public
attitudes
concerning
particular
sentence
history
precedent
legislative
attitudes
response
juries
reflected
sentencing
decisions
consulted
gregg
giving
due
regard
sources
judgment
death
penalty
deliberate
murder
neither
purposeless
imposition
severe
punishment
punishment
grossly
disproportionate
crime
reserved
question
constitutionality
death
penalty
imposed
crimes
iii
question
respect
rape
adult
woman
us
concluded
sentence
death
grossly
disproportionate
excessive
punishment
crime
rape
therefore
forbidden
eighth
amendment
cruel
unusual
punishment
advised
recent
cases
seek
guidance
history
objective
evidence
country
present
judgment
concerning
acceptability
death
penalty
rape
adult
woman
time
last
years
majority
authorized
death
punishment
rape
district
columbia
federal
government
authorized
capital
punishment
rape
adult
female
prior
decision
furman
georgia
number
declined
substantially
plus
federal
government
furman
invalidated
capital
punishment
statutes
country
including
rape
statutes
among
reasons
manner
death
penalty
imposed
utilized
laws
death
penalty
statutes
part
invalidated
faced
choice
enacting
modified
capital
punishment
laws
attempt
satisfy
requirements
furman
satisfied
life
imprisonment
ultimate
punishment
offense
immediately
reinstituted
death
penalty
least
limited
kinds
crime
gregg
georgia
public
judgment
acceptability
capital
punishment
evidenced
immediate
legislative
reaction
large
majority
heavily
influenced
sustain
death
penalty
murder
gregg
georgia
supra
marked
indication
society
endorsement
death
penalty
murder
legislative
response
furman
gregg
georgia
supra
also
telling
datum
public
judgment
respect
rape
reflected
statutes
providing
punishment
crime
dramatically
different
reviving
death
penalty
laws
satisfy
furman
mandate
none
previously
authorized
death
rape
chose
include
rape
among
capital
felonies
rape
capital
offense
three
provided
death
penalty
rape
adult
woman
revised
statutes
georgia
north
carolina
louisiana
latter
two
death
penalty
mandatory
found
guilty
laws
invalidated
woodson
roberts
louisiana
north
carolina
responding
decisions
revised
capital
punishment
laws
death
penalty
murder
rape
none
seven
legislatures
knowledge
amended
replaced
death
penalty
statutes
since
july
including
four
addition
louisiana
north
carolina
authorized
death
sentence
rape
prior
reacted
furman
mandatory
statutes
included
rape
among
crimes
death
authorized
punishment
georgia
argues
authorized
death
rape
attempted
comply
furman
enacting
arguably
mandatory
death
penalty
legislation
likely
aside
louisiana
north
carolina
simply
chose
eliminate
rape
capital
offense
rather
require
death
every
instance
rape
argument
without
force
take
mandatory
course
also
continue
rape
adult
woman
capital
offense
indicated
legislatures
arguably
mandatory
revised
death
penalty
laws
since
woodson
roberts
without
enacting
new
death
penalty
rape
say
nothing
enacted
nonmandatory
statutes
chose
sentence
rapists
death
noted
florida
mississippi
tennessee
also
authorized
death
penalty
rape
cases
victim
child
rapist
adult
tennessee
statute
since
invalidated
death
sentence
mandatory
collins
state
upshot
georgia
sole
jurisdiction
present
time
authorizes
sentence
death
rape
victim
adult
woman
two
jurisdictions
provide
capital
punishment
victim
child
current
judgment
respect
death
penalty
rape
wholly
unanimous
among
state
legislatures
obviously
weighs
heavily
side
rejecting
capital
punishment
suitable
penalty
raping
adult
woman
also
observed
gregg
jury
significant
reliable
objective
index
contemporary
values
directly
involved
thus
important
look
sentencing
decisions
juries
made
course
assessing
whether
capital
punishment
appropriate
penalty
crime
tried
course
jury
judgment
meaningful
jury
appropriate
measure
choice
whether
death
penalty
imposed
far
execution
rape
concerned
true
georgia
florida
latter
state
capital
punishment
authorized
rape
children
according
factual
submissions
rape
convictions
georgia
since
total
number
tendered
cases
reviewed
georgia
time
oral
argument
involved
death
sentence
set
aside
leaving
convicted
rapists
sentence
death
state
georgia
georgia
juries
thus
sentenced
rapists
death
six
times
since
obviously
negligible
number
state
argues
practical
matter
juries
simply
reserve
extreme
sanction
extreme
cases
rape
recent
experience
surely
prove
jurors
consider
death
penalty
disproportionate
punishment
every
conceivable
instance
rape
matter
aggravated
nevertheless
true
vast
majority
cases
least
juries
imposed
death
sentence
iv
recent
events
evidencing
attitude
state
legislatures
sentencing
juries
wholly
determine
controversy
constitution
contemplates
end
judgment
brought
bear
question
acceptability
death
penalty
eighth
amendment
nevertheless
legislative
rejection
capital
punishment
rape
strongly
confirms
judgment
death
indeed
disproportionate
penalty
crime
raping
adult
woman
discount
seriousness
rape
crime
highly
reprehensible
moral
sense
almost
total
contempt
personal
integrity
autonomy
female
victim
latter
privilege
choosing
intimate
relationships
established
short
homicide
ultimate
violation
self
also
violent
crime
normally
involves
force
threat
force
intimidation
overcome
capacity
victim
resist
rape
often
accompanied
physical
injury
female
also
inflict
mental
psychological
damage
undermines
community
sense
security
public
injury
well
rape
without
doubt
deserving
serious
punishment
terms
moral
depravity
injury
person
public
compare
murder
involve
unjustified
taking
human
life
although
may
accompanied
another
crime
rape
definition
include
death
even
serious
injury
another
person
murderer
kills
rapist
life
victim
murderer
rape
victim
life
may
nearly
happy
normally
beyond
repair
abiding
conviction
death
penalty
unique
severity
irrevocability
gregg
georgia
excessive
penalty
rapist
take
human
life
end
matter
georgia
law
death
may
imposed
capital
offense
including
rape
unless
jury
judge
finds
one
statutory
aggravating
circumstances
elects
impose
sentence
code
gregg
georgia
supra
rapist
executed
georgia
must
therefore
found
committed
rape
also
one
following
aggravating
circumstances
present
rape
committed
person
prior
record
conviction
capital
felony
rape
committed
offender
engaged
commission
another
capital
felony
aggravated
battery
rape
outrageously
wantonly
vile
horrible
inhuman
involved
torture
depravity
mind
aggravated
battery
victim
first
two
aggravating
circumstances
alleged
found
jury
neither
circumstances
together
change
conclusion
death
sentence
imposed
coker
disproportionate
punishment
rape
coker
prior
convictions
capital
felonies
rape
murder
kidnaping
prior
convictions
change
fact
instant
crime
punished
rape
involving
taking
life
also
true
present
rape
occurred
coker
committing
armed
robbery
felony
georgia
statutes
authorize
death
penalty
coker
tried
robbery
offense
well
rape
received
separate
life
sentence
crime
jury
deem
robbery
deserving
death
penalty
even
though
accompanied
aggravating
circumstance
stipulated
coker
convicted
prior
capital
crime
note
finally
georgia
person
commits
murder
unlawfully
malice
aforethought
either
express
implied
causes
death
another
human
also
commits
crime
commission
felony
causes
death
another
human
irrespective
malice
even
killing
deliberate
punishable
death
absent
proof
aggravating
circumstances
difficult
accept
notion
rapist
without
aggravating
circumstances
punished
heavily
deliberate
killer
long
rapist
take
life
victim
judgment
georgia
upholding
death
sentence
reversed
case
remanded
proceedings
inconsistent
opinion
ordered
footnotes
see
infra
code
capital
offenses
jury
verdict
sentence
upon
trial
jury
person
convicted
offense
may
punishable
death
sentence
death
shall
imposed
unless
jury
verdict
includes
finding
least
one
statutory
aggravating
circumstance
recommendation
sentence
imposed
statutory
aggravating
circumstance
found
recommendation
death
made
shall
sentence
defendant
death
sentence
death
recommended
jury
shall
sentence
defendant
imprisonment
provided
law
unless
jury
trying
case
makes
finding
least
one
statutory
aggravating
circumstance
recommends
death
sentence
verdict
shall
sentence
defendant
death
provided
finding
statutory
aggravating
circumstance
shall
necessary
offenses
treason
aircraft
hijacking
provisions
section
shall
affect
sentence
case
tried
without
jury
judge
accepts
plea
guilty
recommendation
mercy
capital
cases
homicide
verdict
guilty
recommendation
mercy
shall
legal
shall
recommendation
judge
imprisonment
life
recommendation
shall
binding
upon
judge
mitigating
aggravating
circumstances
death
penalty
death
penalty
may
imposed
offenses
aircraft
hijacking
treason
case
cases
offenses
death
penalty
may
authorized
judge
shall
consider
shall
include
instructions
jury
consider
mitigating
circumstances
aggravating
circumstances
otherwise
authorized
law
following
statutory
aggravating
circumstances
may
supported
evidence
offense
murder
rape
armed
robbery
kidnapping
committed
person
prior
record
conviction
capital
felony
offense
murder
committed
person
substantial
history
serious
assaultive
criminal
convictions
offense
murder
rape
armed
robbery
kidnapping
committed
offender
engaged
commission
another
capital
felony
aggravated
battery
offense
murder
committed
offender
engaged
commission
burglary
arson
first
degree
offender
act
murder
armed
robbery
kidnapping
knowingly
created
great
risk
death
one
person
public
place
means
weapon
device
normally
hazardous
lives
one
person
offender
committed
offense
murder
another
purpose
receiving
money
thing
monetary
value
murder
judicial
officer
former
judicial
officer
district
attorney
solicitor
former
district
attorney
solicitor
exercise
official
duty
offender
caused
directed
another
commit
murder
committed
murder
agent
employee
another
person
offense
murder
rape
armed
robbery
kidnapping
outrageously
wantonly
vile
horrible
inhuman
involved
torture
depravity
mind
aggravated
battery
victim
offense
murder
committed
peace
officer
corrections
employee
fireman
engaged
performance
official
duties
offense
murder
committed
person
escaped
lawful
custody
peace
officer
place
lawful
confinement
murder
committed
purpose
avoiding
interfering
preventing
lawful
arrest
custody
place
lawful
confinement
another
statutory
instructions
determined
trial
judge
warranted
evidence
shall
given
charge
writing
jury
deliberation
jury
verdict
recommendation
death
shall
designate
writing
signed
foreman
jury
aggravating
circumstance
circumstances
found
beyond
reasonable
doubt
cases
judge
shall
make
designation
except
cases
treason
aircraft
hijacking
unless
least
one
statutory
aggravating
circumstances
enumerated
section
found
death
penalty
shall
imposed
review
death
sentences
whenever
death
penalty
imposed
upon
judgment
becoming
final
trial
sentence
shall
reviewed
record
georgia
clerk
trial
within
ten
days
receiving
transcript
shall
transmit
entire
record
transcript
georgia
together
notice
prepared
clerk
report
prepared
trial
judge
notice
shall
set
forth
title
docket
number
case
name
defendant
name
address
attorney
narrative
statement
judgment
offense
punishment
prescribed
report
shall
form
standard
questionnaire
prepared
supplied
georgia
georgia
shall
consider
punishment
well
errors
enumerated
way
appeal
regard
sentence
shall
determine
whether
sentence
death
imposed
influence
passion
prejudice
arbitrary
factor
whether
cases
treason
aircraft
hijacking
evidence
supports
jury
judge
finding
statutory
aggravating
circumstance
enumerated
section
whether
sentence
death
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imposed
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legislative
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recent
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carolina
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penalty
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death
ensue
nations
department
economic
social
affairs
capital
punishment
dept
justice
law
enforcement
assistance
administration
report
rape
victims
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citizens
health
facilities
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justice
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bard
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police
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note
victim
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rape
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view
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rev
comment
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rev
see
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georgia
definition
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aggravating
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applicable
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gregg
georgia
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refused
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justice
brennan
concurring
judgment
adhering
view
death
penalty
circumstances
cruel
unusual
punishment
prohibited
eighth
fourteenth
amendments
gregg
georgia
dissenting
opinion
concur
judgment
setting
aside
death
sentence
imposed
georgia
rape
statute
justice
marshall
concurring
judgment
gregg
georgia
dissenting
opinion
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furman
georgia
concurring
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forth
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views
basic
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presented
cases
death
penalty
concluded
cruel
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punishment
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fourteenth
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powell
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supporting
view
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raping
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woman
although
rape
invariably
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crime
indication
petitioner
offense
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victim
sustained
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lasting
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limit
holding
case
us
similar
cases
rather
opinion
ranges
well
beyond
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punishment
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penalty
crime
rape
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statute
sustained
gregg
georgia
specifies
aggravating
circumstances
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considered
jury
appropriate
respect
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rape
three
circumstances
specified
offense
committed
person
prior
record
conviction
capital
felony
ii
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offender
engaged
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ali
model
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stat
third
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plurality
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terms
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foreclose
state
legislatures
creating
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defined
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rape
punishable
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accord
decisions
last
term
plurality
opinion
death
penalty
invariably
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meaning
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plurality
opinion
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ife
victim
murderer
rape
victim
life
may
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ante
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variation
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rape
victims
grievously
injured
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psychologically
life
beyond
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thus
may
death
penalty
disproportionate
punishment
crime
aggravated
rape
final
resolution
question
must
await
careful
inquiry
objective
indicators
society
evolving
standards
decency
particularly
legislative
enactments
responses
juries
capital
cases
see
gregg
georgia
supra
joint
opinion
stewart
powell
stevens
jj
woodson
north
carolina
supra
plurality
opinion
furman
georgia
powell
dissenting
plurality
properly
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indicia
support
conclusion
society
finds
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penalty
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penalty
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legislatures
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rape
resulting
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post
dissent
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difficulties
proof
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system
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precisely
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issue
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negligence
example
replete
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degrees
culpability
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permanency
physical
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chief
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cites
quotes
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opinion
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gregg
woodson
north
carolina
established
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chief
justice
dissent
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emphasize
proportionality
test
rape
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cases
death
sentence
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plurality
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dissenting
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chief
justice
objective
indicators
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decision
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death
penalty
eighth
amendment
plurality
notes
ante
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decided
basis
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light
precedents
chief
justice
burger
justice
rehnquist
joins
dissenting
case
confusion
often
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effect
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views
capital
punishment
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constitution
permits
state
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powers
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death
penalty
imposed
upon
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case
overstepped
bounds
proper
constitutional
adjudication
substituting
policy
judgment
state
legislature
accept
eighth
amendment
concept
disproportionality
bars
death
penalty
minor
crimes
rape
minor
crime
hence
cruel
unusual
punishments
clause
give
members
license
engraft
conceptions
proper
public
policy
onto
considered
legislative
judgments
since
agree
georgia
lacked
constitutional
power
impose
penalty
death
rape
dissent
judgment
december
petitioner
ehrlich
anthony
coker
raped
stabbed
death
young
woman
less
eight
months
later
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raped
second
young
woman
twice
raping
victim
stripped
severely
beat
club
dragged
wooded
area
left
dead
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pleaded
guilty
offenses
stemming
incidents
sentenced
three
separate
courts
three
life
terms
two
terms
one
term
imprisonment
judgment
specified
sentences
imposed
run
consecutively
rather
concurrently
approximately
years
later
september
petitioner
escaped
state
prison
serving
sentences
promptly
raped
another
woman
presence
husband
abducted
home
threatened
death
serious
bodily
harm
crime
sentence
review
imposed
today
holds
state
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may
impose
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penalty
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crimes
already
committed
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petitioner
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henceforth
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rapes
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able
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confinement
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walls
prison
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like
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whether
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petitioner
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record
plurality
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toward
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crime
rape
punishment
however
opinion
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whether
imposition
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penalty
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lengthy
prison
sentences
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periods
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punitive
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danger
safety
welfare
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women
record
likelihood
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repeat
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first
opportunity
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prison
year
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prison
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prison
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plurality
narrow
inquiry
case
question
actually
presented
eighth
amendment
ban
cruel
unusual
punishment
prohibit
state
georgia
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person
within
space
three
years
raped
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women
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one
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kill
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serving
prison
terms
exceeding
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lifetime
hesitated
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confinement
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one
view
may
state
constitutional
power
impose
death
penalty
upon
rapist
stands
convicted
first
time
case
reveals
chronic
rapist
whose
continuing
danger
community
abundantly
clear
justice
powell
hold
death
sentence
inappropriate
case
indication
petitioner
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victim
sustained
serious
lasting
injury
ante
apart
reality
rape
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acts
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eighth
amendment
narrowly
limits
factors
may
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state
legislature
determining
whether
particular
punishment
grossly
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surely
recidivism
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commission
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crimes
factor
may
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weighed
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circumstance
permitting
imposition
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isolated
offense
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matter
national
policy
congress
expressed
person
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felonies
suffer
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punishment
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one
congress
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second
conviction
assault
mail
carrier
may
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seriously
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conviction
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penalty
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ann
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factual
matter
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opinion
correct
stating
coker
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fact
instant
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punished
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involving
taking
life
ante
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disputed
existence
prior
convictions
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substantially
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menace
society
offender
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held
view
present
strongest
case
severe
measures
incapacitation
murderers
group
offenses
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situational
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repeatedly
engaged
violent
combative
behavior
propensity
behavior
thought
provide
solid
basis
infliction
severe
measures
incapacitation
fortuity
single
homicidal
incident
packer
making
punishment
fit
crime
harv
rev
emphasis
added
sum
held
punishment
death
invariably
violate
constitution
gregg
georgia
supra
seriously
impinges
upon
state
legislative
judgment
hold
may
impose
sentence
upon
individual
shown
total
repeated
disregard
welfare
safety
personal
integrity
human
worth
others
seemingly
deterred
continuing
conduct
therefore
hold
death
sentence
imposed
within
power
reserved
state
leave
another
day
question
whether
sanction
proper
circumstances
dangers
inhere
whenever
casts
constitutional
decisions
terms
sweeping
beyond
facts
case
presented
magnified
context
eighth
amendment
furman
georgia
supra
justice
powell
dissent
stated
language
applicable
constitutional
provision
provides
great
leeway
underlying
social
policies
felt
vital
importance
temptation
read
personal
preference
constitution
understandably
great
easy
propound
subjective
standards
wise
policy
rubric
less
universally
held
standards
decency
emphasis
added
plurality
ante
acknowledges
gross
nature
crime
rape
rapist
violates
victim
privacy
personal
integrity
inevitably
causes
serious
psychological
well
physical
harm
process
effect
upon
victim
life
health
likely
irreparable
impossible
measure
harm
results
volumes
written
victims
physicians
psychiatric
specialists
lasting
injury
suffered
rape
victims
rape
mere
physical
attack
destructive
human
personality
remainder
victim
life
may
gravely
affected
turn
may
serious
detrimental
effect
upon
husband
children
may
therefore
wholly
agree
justice
white
conclusion
far
goes
hort
homicide
rape
ultimate
violation
self
ante
victims
may
recover
physical
damage
knife
bullet
wounds
beating
fists
club
recovery
gross
assault
human
personality
healed
medicine
surgery
speak
blandly
plurality
rape
victims
unharmed
classify
human
outrage
rape
justice
powell
terms
excessively
brutal
ante
versus
moderately
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takes
little
account
profound
suffering
crime
imposes
upon
victims
loved
ones
despite
strong
condemnation
rape
reaches
inexplicable
conclusion
death
penalty
excessive
penalty
perpetrator
heinous
offense
holds
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even
though
georgia
death
penalty
may
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rape
coupled
one
aggravating
circumstances
process
conclusion
reached
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disquieting
represents
clear
departure
precedent
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cruel
unusual
punishments
clause
ultimate
arbiter
standards
criminal
responsibility
diverse
areas
criminal
law
throughout
country
powell
texas
opinion
marshall
seriously
strains
distorts
federal
system
removing
much
flexibility
drawn
strength
two
centuries
analysis
plurality
opinion
divided
two
parts
objective
determination
american
jurisdictions
presently
make
rape
capital
offense
subjective
judgment
death
excessive
punishment
rape
crime
cause
death
victim
take
issue
points
point
however
myopic
base
sweeping
constitutional
principles
upon
narrow
experience
past
five
years
considerable
uncertainty
introduced
area
law
furman
decision
large
number
found
death
penalty
statutes
invalidated
legislatures
left
serious
doubt
expressions
vacillating
discretionary
mandatory
death
penalties
whether
sustain
statute
imposing
death
criminal
sanction
failure
enact
statutes
imposing
death
rape
adult
woman
may
thus
reflect
hasty
legislative
compromise
occasioned
time
pressures
following
furman
desire
wait
experience
enact
statutes
simply
accurate
forecast
today
holding
case
considered
light
experience
since
turn
century
american
jurisdictions
consistently
provided
death
penalty
rape
plurality
focus
experience
immediate
past
must
viewed
truly
disingenuous
mind
swift
changes
positions
members
short
span
five
years
rationally
considered
relevant
indicator
society
deems
cruel
unusual
look
solely
legislatures
refrained
conditions
great
uncertainty
arising
less
lucid
holdings
eighth
amendment
far
representative
societal
mores
century
accepted
practice
substantial
number
jurisdictions
preceding
furman
decision
problem
suddenness
perception
progress
human
attitude
since
decisions
short
ago
furman
georgia
supra
blackmun
dissenting
cf
rudolph
alabama
however
even
one
give
charitable
acceptance
plurality
statistical
analysis
still
mind
support
conclusion
claimed
past
year
georgia
state
whose
adult
rape
death
penalty
statute
otherwise
invalidated
two
state
legislatures
enacted
rape
death
penalty
statutes
last
five
years
invalidated
reasons
unrelated
rape
decisions
last
term
woodson
north
carolina
roberts
louisiana
even
figures
read
indicating
view
death
penalty
appropriate
punishment
rape
adult
woman
necessarily
follow
georgia
imposition
sanction
violates
eighth
amendment
repeatedly
pointed
reserve
strength
federal
system
allows
state
legislatures
within
broad
limits
experiment
laws
criminal
civil
effort
achieve
socially
desirable
results
see
whalen
roe
johnson
louisiana
opinion
powell
california
green
harlan
concurring
fay
new
york
various
provisions
constitution
including
eighth
amendment
due
process
clause
course
place
substantive
limitations
type
experimentation
state
may
undertake
however
plurality
admits
crime
rape
second
perhaps
murder
gravity
follows
georgia
approach
substantive
constraints
enacting
statute
question
see
also
infra
statutory
provisions
criminal
justice
applied
one
part
country
carefully
watched
state
legislatures
experience
one
state
becomes
available
although
human
lives
balance
must
remembered
failure
allow
flexibility
may
also
jeopardize
human
lives
victims
undeterred
criminal
conduct
see
infra
concern
accused
foreclose
legislative
judgments
showing
modicum
consideration
potential
victims
three
state
legislatures
past
five
years
determined
taking
human
life
devastating
consequences
rape
minimized
rapists
may
limited
class
cases
executed
offenses
presently
minority
view
make
judgment
less
worthy
deference
concern
human
life
must
confined
guilty
state
legislature
thought
insensitive
human
values
acts
firmly
protect
lives
related
values
innocent
area
choices
legislatures
best
painful
difficult
deserve
high
degree
deference
last
term
justice
white
observed
denigrate
legislative
judgments
form
vestigial
savagery
purely
retributive
motivation
solemn
judgments
reasonably
based
imposition
death
penalty
save
lives
innocent
persons
concern
life
human
values
sincere
efforts
pursue
matters
greatest
moment
judiciary
reluctant
interfere
roberts
louisiana
supra
dissenting
opinion
emphasis
added
order
georgia
legislative
program
develop
must
given
time
take
effect
data
may
evaluated
comparison
experience
enacted
death
penalty
statutes
today
repudiates
state
solemn
judgment
best
deal
crime
rape
anyone
know
whether
death
penalty
effective
deterrent
one
horrible
crimes
done
short
years
justice
powell
excellent
statement
period
country
history
frequency
rape
increasing
alarmingly
indeed
grave
event
take
whatever
deterrent
retributive
weight
death
penalty
retains
furman
georgia
dissenting
opinion
omitted
may
require
legislature
select
least
severe
penalty
possible
long
penalty
selected
cruelly
inhumane
disproportionate
crime
involved
gregg
georgia
begs
question
state
plurality
opinion
life
victim
murderer
rape
victim
life
may
nearly
happy
normally
beyond
repair
ante
one
year
ago
held
constitutionally
permissible
impose
death
penalty
crime
murder
provided
certain
procedural
safeguards
followed
compare
gregg
georgia
supra
proffitt
florida
jurek
texas
roberts
louisiana
woodson
north
carolina
today
plurality
readily
admits
hort
homicide
rape
ultimate
violation
self
ante
moreover
stated
justice
powell
threat
serious
injury
implicit
definition
rape
victim
either
forced
submission
physical
violence
threat
violence
furman
georgia
supra
dissenting
opinion
conclusion
contrary
disturbing
indeed
clear
implication
today
holding
appears
death
penalty
may
properly
imposed
crimes
resulting
death
victim
casts
serious
doubt
upon
constitutional
validity
statutes
imposing
death
penalty
variety
conduct
though
dangerous
may
necessarily
result
immediate
death
treason
airplane
hijacking
kidnaping
respect
today
holding
even
harm
initially
apparent
avoid
taking
judicial
notice
crimes
airplane
hijacking
kidnaping
mass
terrorist
activity
constitute
serious
increasing
danger
safety
public
unfortunate
indeed
effect
today
holding
inhibit
federal
government
experimenting
various
remedies
including
possibly
imposition
penalty
death
prevent
deter
crimes
sound
observations
made
years
ago
deserve
repetition
task
must
frequently
emphasized
pass
upon
constitutionality
legislation
enacted
challenged
sole
task
judges
allow
personal
preferences
wisdom
legislative
congressional
action
distaste
action
guide
judicial
decision
cases
temptations
cross
policy
line
great
fact
today
decision
reveals
almost
irresistible
furman
georgia
blackmun
dissenting
march
superior
richmond
county
sentenced
coker
years
imprisonment
kidnaping
petitioner
second
victim
life
imprisonment
one
act
rape
upon
may
superior
taliaferro
county
sentenced
coker
eight
years
imprisonment
aggravated
assault
upon
victim
life
imprisonment
second
rape
upon
april
superior
clayton
county
sentenced
coker
years
imprisonment
rape
petitioner
first
victim
life
imprisonment
murder
app
position
today
adopted
justice
powell
constitutes
disquieting
shift
view
embraced
several
terms
ago
furman
georgia
dissenting
opinion
stated
reject
petitioners
attempts
establish
specific
categories
cases
death
penalty
may
deemed
excessive
view
groping
toward
appropriate
application
eighth
amendment
view
disproportionality
test
may
used
either
strike
death
penalty
rape
altogether
install
tribunal
sentencing
review
test
may
find
application
peculiar
circumstances
specific
cases
utilization
limited
rare
case
death
penalty
rendered
crime
technically
falling
within
legislatively
defined
class
factually
falling
outside
likely
legislative
intent
creating
category
emphasis
added
difficulty
first
part
justice
powell
test
rape
inherently
aggravated
offense
justice
powell
words
threat
physical
psychological
injury
always
present
therefore
excessive
brutality
requirement
must
refer
something
assume
force
normally
associated
physically
coercing
overpowering
another
rather
must
meant
rapist
engaged
torture
committeed
aggravated
battery
upon
victim
see
ante
however
torture
aggravated
battery
offenses
separate
rape
ordinarily
punished
separately
clear
negative
inference
justice
powell
analysis
therefore
appears
rape
alone
committed
rape
unaccompanied
criminal
conduct
death
penalty
may
never
imposed
consistently
upheld
constitutional
validity
statutes
see
spencer
texas
claim
made
recidivist
statutes
unconstitutional
cases
statutes
laws
procedures
designed
implement
underlying
policies
enacted
federal
government
well
statutes
sustained
several
occasions
contentions
violate
constitutional
strictures
dealing
double
jeopardy
ex
post
facto
laws
cruel
unusual
punishment
due
process
equal
protection
privileges
immunities
citations
omitted
emphasis
added
special
danger
demonstrated
record
case
tying
gagging
victim
husband
raping
victim
petitioner
sought
make
getaway
automobile
leaving
victim
husband
tied
gagged
bathroom
coker
took
victim
started
leave
brandished
kitchen
knife
carrying
warned
husband
get
pulled
police
following
way
kill
kill
wife
said
nothing
lose
prison
rest
life
anyway
testimony
victim
husband
app
emphasis
added
professor
packer
addressed
reform
particular
failure
thought
remain
menaces
life
current
penal
theories
admit
indeed
insist
upon
need
permanent
incapacitation
cases
need
recognized
death
penalty
means
incapacitation
violent
psychopath
hardly
objected
grounds
survive
rational
scrutiny
use
death
penalty
situation
permitted
use
rape
cases
class
inept
use
specific
offense
involving
danger
life
limb
making
punishment
fit
crime
harv
rev
emphasis
added
find
disturbing
confusion
issue
plurality
opinion
issue
whether
georgia
circumstances
kind
rape
mild
gross
impose
death
penalty
yet
plurality
opinion
opens
discussion
apparently
directed
demonstrating
aggravated
rape
saying
following
rape
kidnaping
mrs
carver
unharmed
ante
holding
rape
ever
punished
death
relevant
whether
mrs
carver
unharmed
three
justices
joined
justice
white
portion
opinion
see
separate
opinion
justice
powell
ante
take
view
light
justice
brennan
justice
marshall
statements
joining
judgment
last
term
gregg
georgia
justice
stewart
justice
powell
justice
stevens
warned
requirements
eighth
amendment
must
applied
awareness
limited
role
played
courts
noted
may
act
judges
might
legislators
accord
roberts
louisiana
white
dissenting
justice
stewart
justice
powell
justice
stevens
noted
deference
owe
decisions
state
legislatures
federal
system
furman
georgia
rehnquist
dissenting
enhanced
specification
punishments
concerned
peculiarly
questions
legislative
policy
gore
emphasis
added
take
satisfaction
predictive
caveat
furman
since
majority
ultimate
issue
presented
cases
future
capital
punishment
country
left
uncertain
limbo
rather
providing
final
unambiguous
answer
basic
constitutional
question
collective
impact
majority
ruling
demand
undetermined
measure
change
various
state
legislatures
congress
dissenting
opinion
statute
question
provide
death
penalty
rapes
rather
jury
must
find
least
one
statutorily
defined
aggravated
circumstance
present
code
value
capital
punishment
deterrent
crime
complex
factual
issue
resolution
properly
rests
legislatures
evaluate
results
statistical
studies
terms
local
conditions
flexibility
approach
available
courts
furman
georgia
burger
dissenting
gregg
georgia
joint
opinion
stewart
powell
stevens
many
cases
sordid
heinous
nature
particular
rape
demeaning
humiliating
often
physically
psychologically
traumatic
call
public
condemnation
furman
georgia
powell
dissenting
obviously
special
competence
make
judgments
token
member
competent
make
contrary
judgment
system
left
difficult
policy
choices
state
legislatures
may
wiser
surely
attuned
mores
communities
indeed
recently
year
furman
majority
appeared
doubt
constitutionality
death
penalty
see
mcgautha
california
paraphrase
justice
powell
hat
saying
effect
evolutionary
process
come
suddenly
end
ultimate
wisdom
appropriateness
capital
punishment
adult
rape
circumstances
future
generations
somehow
revealed
furman
georgia
supra
dissenting
opinion
example
hardly
thief
deterred
stealing
punishment
upon
caught
return
money
stolen
justice
stewart
justice
powell
justice
stevens
gregg
georgia
noted
assessing
punishment
selected
democratically
elected
legislature
constitutional
measure
eighth
amendment
presume
validity
heavy
burden
rests
attack
judgment
representatives
people
emphasis
added
accord
furman
georgia
supra
powell
dissenting
reason
special
deference
state
legislative
enactments
described
true
part
constitutional
test
intertwined
assessment
contemporary
standards
legislative
judgment
weighs
heavily
ascertaining
standards
democratic
society
legislatures
courts
constituted
respond
consequently
moral
values
people
furman
georgia
burger
dissenting