This argument has appeared in some U.S. Supreme Court decisions: some judges have emphasized the discriminatory aspects of its imposition, while others have focused on the freakish and capricious nature of its imposition. Supporters of the death penalty concede the serious questions of justice raised by this arbitrariness, but note that there is arbitrariness throughout the justice system, and that acceptance of the argument would require the abolishment of all punishment. However, compared with its application to other punishments, the arbitrariness argument has special force in the context of capital punishment. First, death is a far more severe penalty and deprivation than any other punishment. Second, it appears unnecessary for protecting the public safety, while the same cannot be said of all punishments. 13 footnotes.