Justices William J. Brennan, Jr. and Thurgood Marshall on capital punishment: its constitutionality, morality, deterrent effect, and interpretation by the court

Abstract

Justices William J. Brennan, Jr. and Thurgood Marshall are the only members of the United States Supreme Court who categorically opposed the death penalty for the duration of their tenure. Both wrote a large number of intellectually provocative opinions which examined a wide range of legal and moral arguments frequently raised concerning capital punishment. This book is a meticulous examination of their opinions which not only amplifies their constitutional philosophy but also explores the evolving questions on capital punishment which were presented to the Court. The opinions of Brennan and Marshall were extremely cogent and quite consistent in their approach to the death penalty. Both maintained that the death penalty is unconstitutional and a barbaric form of punishment which has been arbitrarily inflicted based on racial and ethnic bias. This book examines their opinions within the larger context of arguments generally put forward both in support of, and opposition to, the death penalty. The text of this book originally appeared in its entirety in the Notre Dame Journal of Law, Ethics, and Public Policy, vol.8, issue #1(1994).