The negotiators also are discussing measures to protect defendants against racial discrimination, given that studies show that the death penalty has been applied disproportionately in cases with black defendants and white victims.

The death penalty is most used in the American South, and is disproportionately applied to those who kill whites.

"Under the new law, you cannot even raise the question as to whether or not the death penalty is being applied disproportionately," Mr. Jones said.

These were applied disproportionately to the black community, and caused widespread resentment amongst young black men.

But an analysis of state data by a group that opposes its compulsory-treatment provision found that the law has been disproportionately applied to black New Yorkers.

The documentary argues against the death penalty and maintains that capital punishment is disproportionately applied to African-Americans convicted of crimes against whites.

She said that her opposition to capital punishment was partly based on its being applied disproportionately to members of minority groups, something she learned about growing up in Berkeley.

While often effective, it was also applied disproportionately against immigrants, racial minorities and people in lower socioeconomic groups.

Assailing the bill as "a combination of Kool-Aid and cyanide," he said the death penalty and other provisions calling for tougher sentencing would be disproportionately applied to black people.

Across the U.S. the death penalty is applied disproportionately to blacks who kill whites.