In His 1961 University of Southern California Law Review Article

In his 1961 University of Southern California Law Review article, what was the novel (new) reason Professor Gottlieb used in arguing that the death penalty was unconstitutional?

A) it violated contemporary moral standards*
B) it was administered in an arbitrary and capricious way
C) it was administered in a discriminatory way against minorities
D) it resulted in the deaths of innocent people
E) all of the above