J. W Gamble in the Texas prison
This case revolves around J. W Gamble in the Texas prison. Due to an incident at the prison, he suffered substantial back damage. Gamble was given some medicines and sent back to work. However, the back pains did not subsidize, and he rebuffed from going to work, which leads to his punishment by being kept in solitary confinement. In 1974 he signed a pro se complaint alleging that he had been subjected to cruel and unusual punishment in violation of the eighth amendment. Gamble complaint was dismissed for failure to state a claim. The supreme courts reversed, noting that the prison failed to diagnose Gamble by administering an x-ray and that Gamble did not receive any treatment to his back pains. The main questions of the case were whether the pro se complaint raises a constitutional question upon which relief can be granted?
Justice Thurgood Marshall wrote the 8-1 decision, the court ruled that the prison treatment to Marshall did not constitute cruel and unusual punishment under the eighth amendment. Justice Stevens dissented. Stevens argued that the court could have asked if they could say with assurance that no facts could be proved that could entitle Gamble to relief. He went ahead and questioned the court’s decision to grant certiorari. Finally, Stevens argued that the majority improperly considered the defendant’s motivations in deciding whether or not the actions were unusual.
Christopher Simmons was sentenced to death at 17; however, following a series of appeals, the court held that the eighth and the 14th amendment forbade a death penalty of offenders under 18 when the crimes were committed. The primary question, in this case, is whether the execution of minors violates the exclusion of cruel and unusual punishments found in the eighth and 14th amendment? A 5-4 decision was delivered by Justice Anthony Kennedy, where the court ruled that executing minors is a cruel and unusual punishment that is prohibited by the eighth amendment. Chief Justice William Rehnquist and Justices Sandra Day O’Connor, Antonin Scalia, and Clarence Thomas all dissented.