Imposition of the death penalty is arbitrary and capricious. Decision of who will live and who will die for his crime turns less on the nature of the offense and the incorrigibility of the offender and more on inappropriate and indefensible considerations: the political and personal inclinations of prosecutors; the defendant's wealth, race and intellect; the race and economic status of the victim; the quality of the defendant's counsel; and the resources allocated to defense lawyers.
How dangerous it is rashly to adopt the Mosaical institutions [Old Testament teachings of eye for an eye]. Laws might have been proper for a tribe of ardent barbarians wandering through the sands of Arabia which are wholly unfit for an enlightened people of civilized and gentle manners.
If Moses is our lawgiver [Old Testament prophet given laws by God] at this time let us obey him, not in part only, but wholly, and put every Sabbath breaker, blasphemer, and adulterer to death.
