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Essay / Research Paper Abstract
This 3 page paper examines capital punishment. Black's Law Dictionary is used to define the term arbitrary and the discussion on the arbitrary nature of the death penalty begins. Several examples are provided.
Bibliography lists 3 sources.
Page Count:
3 pages (~225 words per page)
File: RT13_SA503Blk.rtf
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Unformatted sample text from the term paper:
legal concepts, there are bound to be disagreements and close calls. Words sometimes have different meanings in different contexts. In light of the definition of the term arbitrary, is the
death penalty really arbitrary? It is hard to say. Kuttner (2004) claims it is one of the most arbitrary punishment options. At the same time, others have commented that great
pains have been taken to assure that the death penalty is implemented fairly. If in fact the death penalty were outlawed for that very reason, or because there is a
lack of guidelines, is it reasonable to assume that the current sentencing guidelines fit the definition of arbitrary? First, it pays to note that Blacks Law
Dictionary defines the term arbitrary as something that is done in an "unreasonable manner" or "at pleasure" or capriciously (Garner, 1999). Arbitrary then means, in the legal sense,
that something is done at ones will, or whim, and really has no rhyme or reason. Yet, to expand on the concept of arbitrary, one can glean that a punishment
may be applied arbitrarily if it is done on an individual basis. In most jurisdictions there are laws on the books regarding when the death penalty is suitable and when
it is not. For example, in California, the death penalty must only be administered in "special circumstances." There have been many cases which have qualified for the death penalty due
to these circumstances. Lying in wait is one circumstance and this is something attached to the Robert Blake case. In respect to the OJ Simpson case, the special circumstance had
to do with the fact that two murders were committed. Similarly--but stretched to the limit--Scott Peterson was given a death sentence for the murder of two people, even though one
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