Scott and Emma broke out of jail, and were hunted by both the X-Men and SHIELD until he died. It isn't like they were allowed to just stroll around. Alex was jailed in a concentration camp, and was in there until he was liberated, then died.
And if Emma should be jail, the majority of the Avengers should be in there too.
If you're going to count the D'Bari against Emma, then Tony Stark's personal kill count is hundreds of times hers. How many Incursions did the Illuminati destroy? It was more than a 100, so that's around 600 billion people Stark and Illuminati killed.