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Do the current death penalty sentences fit the definition of arbitrary?

Black's Law Dictionary defines arbitrary as "...in an unreasonable manner, as fixed or done capriciously or at pleasure" (Black et al., 1991). In light of that definition, if the death penalty was outlawed for being arbitrary based on the lack of guidelines, does it stand to reason that current death penalty sentences fit the definition of arbitrary?

Individually, write a commentary either in support of or contrary to this notion. Support your opinion using outside sources (be sure to cite them). This position paper does not have to reflect the opinions of the entire group.

Reference

Black, H. C., Nolan, J. R., et al. (1991). Black's law dictionary (abridged 6th ed.). St. Paul: West Publishing Co.

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STEP 1

Arbitrary is:

Not by means of any principle;
There is no logic;
There is an illogical formula;

Legally it means that:
It is a decision made according to the discretion of the judge.
It is a decision not made according to a law.
It also means that the judge has not reached a decision on the foundation of evidence.
It also means a tyrannical or corrupt judge.
It means using standards that are not related to law.
Decisions having no rational basis.

STEP 2

From the evidence of death sentencing we reach the conclusion that death sentence is not arbitrary.

First, is the ...

Solution Summary

This solution definies arbitrary and discusses why, from the evidence of death sentencing, we reach the conclusion that death sentence is not arbitrary in 356 words.

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