# Enmund v. Florida

> Supreme Court of the United States · July 2, 1982 · 458 U.S. 782

URL: https://www.frixlaw.com/law-library/cases/9428941

## Case

- **Full name:** Enmund v. Florida
- **Court:** Supreme Court of the United States
- **Decided:** July 2, 1982
- **Citations:** 458 U.S. 782; 50 U.S.L.W. 5087; 102 S. Ct. 3368; 73 L. Ed. 2d 1140; 1982 U.S. LEXIS 158
- **Precedential status:** Published
- **Opinion:** Concurrence by Brennan
- **Judges:** White, Brennan, Marshall, Blackmun, Stevens, O'Connor, Burger, Powell, Rehnquist
- **Cited by:** 1,812 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9428941

## How later opinions describe it (automated extraction)

- explaining that retribution as a justification for punishment "very much depends on the [defendant’s] culpability — -what [the defendant’s] intentions, expectations, and actions were” and that "American criminal law has long considered a defendant's intention — and therefore h…
- finding that “only a small minority of jurisdictions—eight—allow the death penalty to be imposed solely because the defendant somehow participated in a robbery in the course of which a murder was committed” to hold the Eighth Amendment prohibited sentence of death for a defend…
- explaining that retribution as a justification for punishment "very much depends on the [defendant's] culpability--what [the defendant's] intentions, expectations, and actions were" and that "American criminal law has long considered a defendant's intention--and therefore his …
- concluding that the Eighth Amendment does not permit imposition of the death penalty on a defendant "who aids and abets a felony in the course of which a murder is committed by others but who does not himself kill, attempt to kill, or intend that a killing take place or that l…
- holding that the Eighth Amendment does not permit imposition of the death penalty on a defendant “who aids and abets a felony in the course of which murder is committed by others but who does not himself kill, attempt to kill, or intend that killing take place or that lethal f…

## Opinion text

Justice Brennan,
concurring.
I join the Court’s opinion. However, I adhere to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments. See Gregg v. Georgia, 428 U. S. 153, 227 (1976) (dissenting opinion).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9428941. Public record. Not legal advice.