not himself kill, attempt to kill, or intend that a killing take place or that lethal force will be employed." Concurring opinion Justice Brennan delivered a concurring opinion and stated that the death penalty is a cruel and unusual punishment prohibited by the Eighth Amendment in all circumstances. Dissent Justice O'Connor, joined by Chief Justice Burger, Justice Powell, and Justice Rehnquist, delivered the dissenting opinion, on the basis that the majority opinion interferes with state criteria for assessing guilt. See also Tison v. Arizona Felony murder and the death penalty in the United States References External links United States Supreme Court cases United States Supreme Court cases of the Burger Court Cruel and Unusual Punishment Clause and death penalty case law Capital punishment in Florida 1982 in United States case law