Apparently somebody has developed a computer program that can predict quite accurately whether a defendant will receive a death penalty, without very much the crime. [Via Doug Berman.]

One of the researchers says: "if this mindless software can determine who is going to die and who is not going to die, then there's some arbitrariness here".

Now, there are some disturbing implications of the research (if true), namely that juries might not be considering each case on a sufficiently individualized basis, and might be taking into account characteristics of the defendant that I am uncomfortable with. But it doesn't seem fair to criticize predictable decision-making as "arbitrary" rather than stereotyped, prejudiced, or otherwise incorrect.