Though I'm not advocating for the death penalty, it's high cost was created by the opponents of death penalty. I don't think "unfair" is the right word, but it sure is dirty.
Doesn’t high cost just mean there’s an extensive process in place to try to prevent killing innocent people (and yet it still happens). Not sure why that qualifies as “dirty” — wouldn’t killing without the process to save money be dirtier?
Activists against the death penalty raise costs by frivolous litigation and then claim that the death penalty is too expensive. The same thing they've done with other things they don't like, e.g. nuclear power. It's circular logic.