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Under current U.S. Supreme Court rulings, can a person who is convicted of rape be sentenced to death if the victim did not die?

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In the 1977 case of Coker v. Georgia, the U.S. Supreme Court ruled (7 to 2) that the death penalty is "grossly disproportionate and excessive" in cases of rape where the victim did not die. In the 2008 case of Kennedy v. Louisiana, the Supreme Court expanded this ruling (5 to 4) to include all crimes "where the victim's life was not taken." Since the U.S. Supreme Court enacted guidelines for death penalty laws in 1973, no prisoners have been executed for a crime other than murder.

DocumentationDeath Penalty ApplicationCoker v. GeorgiaKennedy v. Louisiana

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