What does Arbitrariness mean in a legal case???

Im studying the death penalty. Anyone know what it means? thanksWhat does Arbitrariness mean in a legal case???
It means based on whims, not on reason. When applied to the death penalty, it generally refers to several things:





the death penalty not applying to the worst crimes but to defendents with the worst lawyers





whether or not a defendent is subject to the death penalty depends on the county in which the crime was committed





whether or not a defendent is subject to the death penalty depends on the race of the victim (if the victim was white, the defendent is much more likely to face the death penalty)





There are many more. To find out about them, visit www.deathpenaltyinfo.org and click on arbitrariness. You will be led to http://www.deathpenaltyinfo.org/article.鈥?/a>





Here is a quote that really explains this


';Imagine that speeders who drive yellow cars are ticketed but speeders who drive other colored cars are not. Whether or not the traffic law explicitly singles out speeders in yellow cars, a system that reaches that result in practice would be unfair. In a death penalty system in which approximately 2% of known murderers are sentenced to death, fairness mandates that those few who are sentenced to death should be comparable to others who are sentenced to death 鈥?and worse than those who are not. A system in which the sentence of death depends more on the color of the victim or the county that the crime is committed in than on the severity of the offense is also arbitrary.';What does Arbitrariness mean in a legal case???
Yep, I believe Susan, was the one, good for Her and you...Congrats!!

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Let me check my Answer-contacts I believe I can refer you to someone who is expert in this, if she hasn't commented allready...





Till then, I believe 'Arbitrarieness' refers to the capacity of a 3rd party intervening in a trial. We all sign arbitrary agreements with our credit-card companies...saying neither one of us will sue the other. Instead they try to settle out of court with a 3rd party collection-agency of sorts.





As to the death penalty, could arbitrarieness refer to a government emplyoee such as Mayor, or President who might have the authority to Pardon a death-row inmate, I'm not certain, but possible no.





If you want a direct answer without the half-committed answers most of us will provide, check our answers against the following link(I'd suggest using the site-map, if available; once there)





http://www.findlaw.com





I'll be right back w/ contact info of another Answer's contributor who know's her stuff of such an issue..





-sophi-
Abitrariness is decision-making without a reasonable basis -- decision-making not applying the facts to the law but instead applying some other basis, or no identifiable basis at all. Flipping a coin, or deciding guilt or innocence based on race, these would be examples arbitrariness.