An analysis of opinions issued by Brennan and Marshall is presented with the intent of integrating their objections to the death penalty with the larger public debate on capital punishment. The analysis focuses on the judicial philosophy of both justices and their understanding and interpretation of constitutional rights. The views of the two justices are examined in relation to the eighth amendment's prohibition against cruel and unusual punishment, the morality of capital punishment, and the U.S. Supreme Court's interpretation of and support for the death penalty. The positions of Brennan and Marshall on capital punishment are compared with each other and with U.S. Supreme Court decisions over time. 1,060 footnotes