This is not a higher discrepancy than imprisonment, meaning the problems may well be socio-economic rather than justice related.  A reason for this discrepancy may be the felony murder rule – that any death caused by a felony, even if it would normally amount to manslaughter, constitutes murder (in some cases, first degree murder) – if that is the case, the felony murder rule should be abolished. If capital punishment were reserved for the worst of the worst then this racial bias would be almost eliminated. [1]  [1] Blecker, p.237