On December 5, 1971, Ehrlich Coker was to have allegedly raped and stabbed a young woman to death. Less than a year later, he kidnapped and raped a sixteen year old female. There was an additional victim in which he tortured the young woman and abandoned her in a wooded area. After his apprehension, Mr. Coker pled guilty to the offenses. “ He was sentenced by three separate courts to three life terms, two 20-year terms, and one 8-year term of imprisonment” (Brody & Acker, 2010, p. 57). While Mr. Coker was serving his sentences at the Ware Correctional Institution, he escaped the facility on September 2, 1974. On the evening of his escape, he is to have allegedly broken into the home of Allen and Elnita Carver and held the couple hostage. During this altercation, Mr. Coker is thought to have committed the act of rape against Mrs. Carver and abducted her from the home, utilizing the couple’s car. Mr. Carver was able to free himself and notify law enforcement. The car, along with Mrs. Carve and Mr. Coker was located. Due to the events that occurred on this particular day, Mr. Coker was charged with “escape, armed robbery, motor vehicle theft, kidnapping and rape” (Brody & Acker, 2010, p.54). During Mr. Coker’s trial on his new charges, his defense argued that their client was temporarily insane at the time the crimes were committed. However, the jury rejected this defense and found Mr. Coker guilty on all charges. At the sentencing hearing, the Judge instructed the jury that
The constant years of abuse drove her into believing that it was her life or his. If she were to have been tried guilty, it would have been an aimless sentence, for she did not understand the extent of her actions, due to staggering abuse that made her temporarily insane. When denying a defense pleading insanity, it disregards the justice the sentence is supposed to serve. In the article “The Insanity Defense and the Constitution,” written by Lincoln Caplan, he analyzes a court case where there was no insanity plea available. He concludes that when a serious mental disorder refrains a person's understanding that the given sentence was retribution for his or her crime, it shows no purpose of criminal justice. Along with serving a misunderstood sentence, it does not enhance public safety since “states can civilly commit anyone who is found not guilty of a crime by reason of insanity for an indefinite period, until they are no longer dangerous,”
In Missouri during 1993, Christopher Simmons, a 17-year old, committed capital murder after he instigated two other juveniles (Benjamin and Tessmer) to conspire to kidnap and murder an innocent woman named Shirley Crook. It was never completely determined why exactly Simmons wished to murder Crook, however, he did later admit that Crook was involved in a previous car accident with Simmons. At approximately 2 a.m. on the night of the murder, Simmons and his two friends met up to break into the home of Crook, but Tessmer left before Simmons and Benjamin decided to go through with the heinous crime. Simmons and Benjamin broke into the home of Crook, entered her room, covered her eyes and mouth using duct tape, and bound her hands together. The
The insanity defense has been quite a controversial subject. It has been used by some of the most baleful criminals in history. Its controversy derives from the belief that people who plead insanity are excused from the fault of their crimes. Surprisingly however, this defense is rarely used because of how hard it is to prove legal insanity. Less than one percent of criminals choose to plead insanity and of those who choose to plead insanity the success is quite low at 25 percent.( Rolf. p. 2) This defense has been around for centuries. It can be dated back to the 14th century. Kings were willing to pardon crimes to those who were deemed “mad”. By the 18th century the “ wild beast” test was developed by some English courts. However, the
2. This criticism is on the moral basis and the consequences. This section suggests that the crime is of more importance, then the moral imperatives. It also addresses the way a criminal, who does plea insanity, should be trialed and punished for the crime. It is suggested, that the criminal should be convicted and the mental illness should be taken in consideration at the time of sentencing. If this method would be used by the court, it would allow the judge to determine the length of imprisonment, within a hospital prison, and the defendant would have to provide prove of improvement to the once dangerous behavior. Retrieved from; West's Encyclopedia of American Law, edition 2 (2008).
Timothy Cole was a 24-year-old student at Texas Tech University. After completing two years of college, he had enlisted in the army for two years in hopes of serving his country. Timothy was an ordinary man with dreams of getting married and having children, but that dream never materialized. Upon his return to Texas Tech in 1985, he was convicted and sentenced to 25 years in prison for the rape of a 20-year-old girl named Michele Mallin. Mallin, then, a student at Texas Tech University Lubbock, was walking to her car when a man approached her and held a knife to her neck. He forced himself into her car and drove her to the outskirts of town where he raped her repeatedly. The next day the police investigator showed Michele pictures of the suspect where she pointed at Timothy Cole. When police showed her a lineup, again she picked Cole. “I was positive,” she said. “I really thought it was him,” but in fact she had accidently robbed an innocent man of his freedom (Lavendra 2009).
After hearing the details of this case, I implore the judge to send my client to a mental institution. Prison is not a suitable place for Montresor to stay. He needs medical help. Sending this hapless man to jail will only worsen his current condition. Thus, Montresor is not guilty of committing first-degree
Facts: In 1974, Ehlich Anthony Coker, who was serving a number of sentences for murder, rape, kidnapping, and assault, escaped from prison. He broke into Allen and Elnita Carver’s home, raped and kidnapped the woman, and stole their car. Coker was convicted of rape, armed robbery, and the other offenses. The Georgia courts sentenced him the death penalty.
“A young African-American man shot and killed an Alabama police officer in 1981. He was examined in jail and found to be psychotic then and at the time of the killing. In 1982 the Alabama Lunacy Commission found him competent to stand trial, and he was sentenced to death. He was consistently described as psychotic in prison records; but another state forensic evaluation in 1988 again found him competent. After reviewing his records and examining him, I concluded that he had been psychotic when he killed the officer and was psychotic still. A federal appeals court judge ruled that the original trial had been unconstitutional because the defendant was not competent at the time. The prosecutor declined to retry him, and he was sent to a state mental hospital.”(Beck)
The name of my prisoner is Marshall Perkins, he is 59 years old. Marshall Perkins was born on March 2, 1886 in Higginsville, Lafayette County. He was arrested by Kansas City Police Department, under charge of investigation for statutory rape. He was charged by the Sheriff’s Office in Jackson County, Kansas City with statutory rape and habitual criminal act. Convicted of raping a young white female, about 13 years of age, girl (Gladys Jeffries) was returning home around 11 p.m. after seeing a show at Vista Theater, Kansas City with another female (friend).
However, following a court-ordered psychological evaluation, Judge Robert Rinfret found her to be not guilty by reason of insanity. In so doing, Rinfret ordered a new evaluation as means to determine how to dispose of her criminal case.
Only May 30 1969, sixteen-year-old David Milgaard was falsely convicted for the murder of Gail Miller. He was sentenced a life imprisonment for someone else’s crime. His friends turning on him due to drugs, police failing to look into statements and lies for money all lead to Milgaard being sentenced to a life imprisonment.
The Eighth Circuit Court has raised an intriguing legal and controversial issue by ruling that the State of Arkansas could force death row prisoner, Charles Laverne Singleton, to take antiphychodic drugs to insure he was sane for execution. After research, I found that Singleton remained in the appeals process for twenty-four-and-a-half years because of the 1986, U.S. Supreme Court decision, Ford vs. Wainwright, that ruled execution of the insane is cruel and unusual punishment. The state authorities finally decided to treat the prison inmate based on the 1990, U.S. Supreme Court decision, Washington vs. Harper, that subjects prison inmates with serious mental illness to mandatory anti-psychotic drugs against his
On July 27, 2006, the New York Times published an article on the findings of the retrial of Andrea Yates and her not guilty due to insanity over the drowning deaths of her five children. (Woman Not Guilty, 2006). The court decided to commit her to a state mental hospital until medical experts decide she is not a threat to herself or anyone else. In 2002, an earlier jury rejected her claims she was psychotic and found her guilty. Yates alleged by murdering her children she actually saved them. (Woman Not Guilty, 2006). The appeals court overturned the decision because of “erroneous testimony from a prosecution witness.” (Woman Not Guilty, 2006). Yate’s lead lawyer, George Parnham, remarked that the verdict was a “watershed for mental
The case i would like to talk about is a very interesting case that happens because Anthony Coker was in jail for committing a couple of bad crimes. The crimes he committed were rape and kidnapping and assault on a sixteen year old girl he was put in jail and later escaped and committed basically the same crime on a family. After that incident he had a court hearing and the case is Coker v. Georgia The judgment of