Purchase Solution

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

Not what you're looking for?

Ask Custom Question

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.

Purchase this Solution
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.

Solution Preview

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 ...

Purchase this Solution
Free BrainMass Quizzes
Contract Requirments

How much do you know about the legal requirements for a contract? Find out with this quiz!

Criminal Defenses Review

Test your knowledge of the basics of criminal law and defenses with this quiz.

Title VII

This Quiz pertains to the spectrum of Human Rights through Title VII

Evidence

Do you know your evidence objections? Find out with this quiz!

Title VII Laws

Learn the basics of the laws under Title VII.

View More Free Quizzes
Related BrainMass Solutions

  • Death Penalty Sentencing

    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? 2.

  • Death Penalty Trends

    587702 Death Penalty Trends Over the last 10 years the number of new death sentences and executions has steadily decreased. Berry (2010) suggests that there are two reasons for the decline.

  • Death penalty to deter crime

    The author offers some analogies to justify with "The deterrence effect of the death penalty can be inferred as well by examining other deadly situations. How effective is the death penalty in deterring, say, a suicide bomber?

  • Positivism and Classical Criminology

    The death penalty The death penalty is seen by some as the ultimate tool for the classical school of criminology as its proponents allege that giving offenders the death penalty can be effective in deterring future offenders and prevents future crimes

  • Death Penalty Laws (2000-2005)

    What is your opinion of the legislation you identified? What do you think about expanding legislature to add the death penalty to second sex-offenders whose victims are children?

  • Just Desert

    "(46) It is also often argued that death is what murderers deserve, and that those who oppose the death penalty violate the fundamental principle that criminals should be punished according to their deserts--"making the punishment fit the crime."

  • Fedral Review of state prisoners

    In addition, the habeas corpus review should be allowed because the death penalty is very expensive by way of loss and social expense. The death penalty is arbitrary and capricious in nature and should not be applied without numerous reviews.

  • Death penalty in two different opinions

    Justice Potter Stewart and Ernest Van Der Haag on the Death Penalty What I will do here is give an outline of the basic argument of each. I will keep it as simple as possible. E.

  • the ineffectiveness of the death penalty to deter crime

    It suggests that "the death penalty actually increases the number of murders"(http://www.deathpenaltyinfo.org/DonohueDeter.pdf). What do you think? The ineffectiveness of the death penalty to deter crime is discussed with research to validate.

View More Related Solutions