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OER for LAW 401

Problems of Constitutional Development

Continuation. . .

TOPIC 8: CRUEL AND UNUSUAL PUNISHMENT

Treatment of Prisoners

Estelle v. Gamble, 429 U.S. 97 (1976)
- Estelle v. Gamble, 429 U.S. 97 (1976), was a case in which the Supreme Court of the United States established the standard of what a prisoner must plead in order to claim a violation of Eighth Amendment rights under 42 U.S.C. § 1983. Specifically, the Court held that a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs. Though the Court credited Gamble's complaint that doctors had failed to provide appropriate care, it held that medical malpractice did not rise to the level of "cruel and unusual punishment" simply because the victim is a prisoner.
- Held: Deliberate indifference by prison personnel to a prisoner's serious illness or injury constitutes cruel and unusual punishment contravening the Eighth Amendment. Here, however, respondent's claims against Gray do not suggest such indifference, the allegations revealing that Gray and other medical personnel saw respondent on 17 occasions during a 3-month span and treated his injury and other problems. The failure to perform an X-ray or to use additional diagnostic techniques does not constitute cruel and unusual punishment, but is, at most, medical malpractice cognizable in the state courts. The question whether respondent has stated a constitutional claim against the other petitioners, the Director of the Department of Corrections and the warden of the prison, was not separately evaluated by the Court of Appeals, and should be considered on remand.
Hudson v. McMillian, 503 U.S. 1 (1992)
- The use of excessive physical force against a prisoner may constitute cruel and unusual punishment even though the inmate does not suffer serious injury. Whenever prison officials stand accused of using excessive physical force constituting "the unnecessary and wanton infliction of pain" violative of the Cruel and Unusual Punishments Clause, the core judicial inquiry is that set out in Whitley v. Albers, 475 U. S. 312, 320-321: whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm. Extending Whitley's application of the "unnecessary and wanton infliction of pain" standard to all allegations of force, whether the prison disturbance is a riot or a lesser disruption, works no innovation. See, e. g., Johnson v. Glick, 481 F.2d 1028, cert. denied, 414 U. S. 1033.
- Petitioner Hudson, a Louisiana prison inmate, testified that minor bruises, facial swelling, loosened teeth, and a cracked dental plate he had suffered resulted from a beating by respondent prison guards McMillian and Woods while he was handcuffed and shackled following an argument with McMillian, and that respondent Mezo, a supervisor on duty, watched the beating but merely told the officers "not to have too much fun." The Magistrate trying Hudson's District Court suit under 42 U. S. C. § 1983 found that the officers used force when there was no need to do so and that Mezo expressly condoned their actions, ruled that respondents had violated the Eighth Amendment's prohibition on cruel and unusual punishments, and awarded Hudson damages. The Court of Appeals reversed, holding, inter alia, that inmates alleging use of excessive force in violation of the Amendment must prove "significant injury" and that Hudson could not prevail because his injuries were "minor" and required no medical attention.

Capital Punishment
Capital Punishment and Juveniles

Roper v. Simmons, 543 U.S. 551 (2005)
- Roper v. Simmons, 543 U.S. 551 (2005), was a landmark decision in which the Supreme Court of the United States held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18. The 5–4 decision overruled Stanford v. Kentucky, in which the court had upheld execution of offenders at or above age 16, and overturned statutes in 25 states.
- At age 17, respondent Simmons planned and committed a capital murder. After he had turned 18, he was sentenced to death. His direct appeal and subsequent petitions for state and federal post-conviction relief were rejected. This Court then held, in Atkins v. Virginia, 536 U. S. 304, that the Eighth Amendment, applicable to the States through the Fourteenth Amendment, prohibits the execution of a mentally retarded person. Simmons filed a new petition for state post-conviction relief, arguing that Atkins’ reasoning established that the Constitution prohibits the execution of a juvenile who was under 18 when he committed his crime. The Missouri Supreme Court agreed and set aside Simmons’ death sentence in favor of life imprisonment without eligibility for release. It held that, although Stanford v. Kentucky, 492 U. S. 361, rejected the proposition that the Constitution bars capital punishment for juvenile offenders younger than 18, a national consensus has developed against the execution of those offenders since Stanford.
- Held: The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed. Pp. 6–25.

The Articles of Confederation

Articles of Confederation

The first constitution in our nation's history was the U.S. Articles of Confederation. Under the U.S. Articles of Confederation we took "baby steps" as a nation. The government conducted the affairs of the country during the last two years of the Revolutionary War, helped to negotiate the Treaty of Paris in 1783, and produced two monumental pieces of legislation in the Land Ordinance of 1785 and the Northwest Ordinance of 1787.

The Federalist No. 10

The Federalist no. 10

Written by James Madison, this essay defended the form of republican government proposed by the Constitution. Critics of the Constitution argued that the proposed federal government was too large and would be unresponsive to the people.

In response, Madison explored majority rule v. minority rights in this essay. He countered that it was exactly the great number of factions and diversity that would avoid tyranny. Groups would be forced to negotiate and compromise among themselves, arriving at solutions that would respect the rights of minorities. Further, he argued that the large size of the country would actually make it more difficult for factions to gain control over others. “The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States.”

The Constitution

The Constitution

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Constitution Annotated

Read About the Constitution in Plain English
The Constitution Annotated provides a comprehensive overview of how the Constitution has been interpreted over time and is now available on this new site with upgraded search capabilities. The online Constitution Annotated includes discussions of the Supreme Court’s latest opinions. In the coming months, we will be making broader changes to further modernize the Constitution Annotated.
The Interactive Constitution

Since its launch in 2015, this nonpartisan tool has allowed learners of all ages to engage with the text of the Constitution, discover how experts agree and disagree about its history and meaning, and explore arguments on all sides of the constitutional debates at the center of American life.
The Founding Documents from the National Archives

The Constitution acted like a colossal merger, uniting a group of states with different interests, laws, and cultures. Under America’s first national government, the Articles of Confederation, the states acted together only for specific purposes. The Constitution united its citizens as members of a whole, vesting the power of the union in the people. Without it, the American Experiment might have ended as quickly as it had begun.