Coker V. Georgia - Decisions

Decisions

Justice White wrote the plurality opinion in this case, on behalf of Justices Stewart, Blackmun, and Stevens. The plurality opinion denied that rape causes serious injury: "Although it may be accompanied by another crime, rape by definition does not include the death of or even the serious injury to another person."

Justices Brennan and Marshall concurred in the judgment because the case struck down a death penalty, in keeping with their view that the death penalty is per se cruel and unusual punishment.

Justice Powell concurred in the judgment, but emphasized that the death penalty may be appropriate for rape if there are aggravating circumstances.

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