"Death is not only an unusually severe punishment, unusual in its pain, in its finality and in its enormity, but is serves no penal purpose more effectively than a less severe punishment"
About this Quote
The phrasing matters. “Unusual” is not casual; it echoes the Eighth Amendment’s ban on “cruel and unusual punishments,” turning constitutional language into moral indictment. Brennan stacks “pain,” “finality,” and “enormity” to make the reader feel the irreversible character of state killing, then refuses to let feeling do the work of policy. The sentence insists on a colder metric: “penal purpose.” Deterrence, incapacitation, retribution - Brennan’s point is that none of these require the state to perform an execution when life imprisonment can do the job without crossing the line into irrevocability.
The subtext is a warning about governmental power. The death penalty isn’t just harsh; it’s a category error for a system that claims to be rational, equal, and fallible. Brennan’s critique implies that once punishment becomes spectacle of finality, it stops being about public safety and starts being about symbolic vengeance. In the late-20th-century Court, with capital punishment revived and unevenly applied, that symbolism looked less like justice and more like a state trying to prove its strength on the body of the condemned.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
| Cite |
Citation Formats
APA Style (7th ed.)
Brennan, William J. (2026, January 15). Death is not only an unusually severe punishment, unusual in its pain, in its finality and in its enormity, but is serves no penal purpose more effectively than a less severe punishment. FixQuotes. https://fixquotes.com/quotes/death-is-not-only-an-unusually-severe-punishment-79258/
Chicago Style
Brennan, William J. "Death is not only an unusually severe punishment, unusual in its pain, in its finality and in its enormity, but is serves no penal purpose more effectively than a less severe punishment." FixQuotes. January 15, 2026. https://fixquotes.com/quotes/death-is-not-only-an-unusually-severe-punishment-79258/.
MLA Style (9th ed.)
"Death is not only an unusually severe punishment, unusual in its pain, in its finality and in its enormity, but is serves no penal purpose more effectively than a less severe punishment." FixQuotes, 15 Jan. 2026, https://fixquotes.com/quotes/death-is-not-only-an-unusually-severe-punishment-79258/. Accessed 13 Feb. 2026.









