Sources of Bias and Arbitrariness in the Capital Trial

We consider whether capriciousness and/or bias play an undue role in capital trials. The potential for inequity is explored with regard to the selection of the jury, the verdict, and the determination of the penalty. It is concluded that while more data are necessary regarding most aspects of the capital trial, there is reason to believe inequities exist in the form both of caprice and of bias. Rectifying some of these inequities may be accomplished with relative ease, while reducing or eliminating others is more troublesome. As long as the death penalty remains in effect, whatever one's views on its legality or morality, we should strive to eliminate arbitrariness and bias in its application.