It's still racist--just not like you think.
As a society, we tend to value white victims more. There have been lots of studies on this, and the greatest challenge to the death penalty in recent jurisprudence, McCleskey v. Kemp, was based on this disparate impact...
"In 1990, a U.S. General Accounting Office report concluded, “In 82% of studies
, the race of the victim was found to influence the likelihood of being charged with capital murder or receiving the death penalty, i.e., those who murdered whites were found more likely to be sentenced to death than those who murdered blacks.”
According to the Death Penalty Information Center (PDF), 76 percent of the murder victims in cases that resulted in executions were White, although only 50 percent of murder victims are White. Of defendants executed for murdering someone of the opposite race, 17 were White – including Lawrence Russell Brewer, who was executed in Texas the same night as Troy Davis for the 1998 dragging death of James Byrd, Jr. in Jasper, Texas – and 254 were Black.
A study of 2,000 potential death penalty cases in Georgia led by Professor David Baldus of the University of Iowa found that the odds of receiving the death penalty in Georgia were 4.3 times greater if the defendant killed a White person than if he had killed an African-American. A report prepared for the American Bar Association found the multiplier was 4.4 in North Carolina and 5.5 in Mississippi."
http://www.blackvoicenews.com/news/news-wire/46854-georgia-remains-center-of-death-penalty-controversy.html