After the US Supreme Court overturned Georgia's death penalty law in 1972, Carter quickly proposed state legislation to replace the death penalty with life in prison (an option that previously didn't exist).[29]
When the legislature passed a new death penalty statute, Carter, despite voicing reservations about its constitutionality,[30] signed new legislation on March 28, 1973[31] to authorize the death penalty for murder, rape and other offenses, and to implement trial procedures that conformed to the newly-announced constitutional requirements. In 1976, the Supreme Court upheld Georgia's new death penalty for murder. In the case of Coker v. Georgia, the Supreme Court ruled that the death penalty was unconstitutional as applied to rape.
Many in America were outraged by William Calley's life sentence at Fort Benning for his role in the My Lai Massacre; Carter instituted "American Fighting Man's Day" and asked Georgians to drive for a week with their lights on in support of Calley.[32] Indiana's governor asked all state flags to be flown at half-staff for Calley, and Utah's and Mississippi's governors also disagreed with the verdict.[32]
Despite his earlier support, Carter soon became a death penalty opponent, and during Presidential campaigns (like previous nominee George McGovern and two successive nominees, Walter Mondale and Michael Dukakis), this was noted.[33] Currently, Carter is known for his outspoken opposition to the death penalty in all forms; in his Nobel Prize lecture, he urged "prohibition of the death penalty".[34]