Enmund v. Florida (1981)
- Docket
- 81-5321
- Decided
- 1981-01-01
Summary
Question: (1) Is death an unconstitutionally excessive and disproportionate penalty under the Eighth and Fourteenth Amendments for one who did not take a life, attempt to take a life, nor intend to take a life? (2) Was petitioner's degree of participation in the killings given inadequate consideration by the Florida courts? Conclusion: Yes, No. Justice Byron R. White, writing for a 5-4 majority, reversed the lower court. The Supreme Court held that imposing the death penalty on someone who aided and abetted but did not himself kill, attempt to kill, or intend to kill, violated the Eight and Fourteenth Amendments. It is unlikely that the death penalty could deter someone who did not intend to kill or attempt to kill, and putting someone to death for two killings they did not commit is disproportionate retribution. Justice William J. Brennan, Jr. concurred, writing that the death penalty is cruel and unusual in all circumstances. Justice Sandra Day O’Connor dissented, arguing that the majority’s decision is not supported by prior precedent. The Florida Supreme Court rejected critical factual findings, so the case should be remanded for a new sentencing hearing. Chief Justice Warren E. Burger, Justice Lewis F. Powell, and Justice William H. Rehnquist joined in the dissent.