III. Constitutional Principles

Question 1

Coker v. Georgia

Answer 1

RULE: Simple proportionality rule = if not an offense that causes death, the death penalty is cruel and unusual punishment

FACTS: Defendant Coker escaped from prison where he was serving various sentences for
murder, rape, kidnapping, and aggravated assault. The Defendant committed another rape, along with kidnapping and armed robbery, among others, and a jury convicted him of his crimes.
Under a Georgia statute, the Defendant was sentenced to death, and he appeals.

ISSUE: whether the punishment of death for aggravated rape (aggravating circumstances)
violates the 8th Amendment’s ban on cruel and unusual punishment?

HOLDING: Yes, a sentence of death is grossly disproportionate for rape and is therefore
forbidden by the 8th Amendment as cruel and unusual punishment

REASONING: The 8th Amendment bars punishments that are:

(1) makes no measurable contribution to acceptable goals of punishment (no retributive or utilitarian arguments), making it a purposeless and needless imposition of pain and suffering OR

(2) grossly out of Proportion
Proportionality ie #2 is at issue here.

To determine if something is unproportional:

(1) look at other jurisdictions to see if there is a consensus (here Georgia was the only state doing this for the rape of an adult female, so no other jurisdictions did this);

(2) look at the offense and punishment and balance them, considering the aggravating circumstances (no life taken in this case, so disproportionate)

Question 2

What is the 3 strikes you’re out law?

Answer 2

Penal code Ann. §§667.5 and §1192.7

If D is convicted of felony AND previously convicted of “prior” or “violent” felony, then:

• if 1 prior then sentence is 2x term for current offense
• if 2 or more prior felonies then sentence = highest of
  a) 3x term otherwise provided by;
  b) 25 years
  c) term determined by court

Question 3

Ewing v. California

Answer 3

FACTS: Defendant, Gary Ewing (Defendant), was convicted of one count of felony grand theft. Since he had previously been convicted of two or more serious or violent felonies,
Defendant was sentenced, under California’s “three strikes” law to 25 years to life in prison.

ISSUE: whether the 8th Amendment prohibits sentencing a repeat felon to a prison term of 25
years to life under the “Three Strikes You’re Out” law

HOLDING: No, Ewing’s sentence is not grossly disproportionate and therefore does not violate
the 8th Amendment

REASONING: The Eighth Amendment does not require strict proportionality between crime and sentence. Rather, it forbids only extreme sentences that are ‘grossly disproportionate’ to the crime.