Overview
The primary means of execution in the U.S. have been hanging, electrocution, the gas chamber, firing squad, and lethal injection. The Supreme Court has never found a method of execution to be unconstitutional, though some methods have been declared unconstitutional by state courts. The predominance of lethal injection as the preferred means of execution in all states in the modern era may have put off any judgment by the Court regarding older methods.
Because of a resistance by drug manufacturers to provide the drugs typically used in lethal injections, some states now allow the use of alternative methods if lethal injection cannot be performed. Controversies surrounding the method to be used have delayed executions in many states, contributing to an overall decline in the use of the death penalty.
Authorized Methods
NOTE: [Brackets] around a state indicate that the state authorizes the listed method as an alternative method if other methods are found to be unconstitutional or are unavailable/impractical. Click on the state to obtain specific information about the methods authorized.
Method | # of executions by method since 1976 | # of states authorizing method | Jurisdictions that Authorize |
---|---|---|---|
Lethal Injection | 1428 | 28 states+ and U.S. Military and U.S. Gov’t In South Carolina, lethal injection may be elected as an alternative method, if available. +includes 1 state that no longer have an active death penalty | Alabama, Arizona, Arkansas, California, Florida^, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire*, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, [South Carolina], South Dakota, Tennessee^, Texas, Utah, Wyoming, U.S. Military, U.S. Government *New Hampshire abolished the death penalty but the repeal may not apply retroactively, leaving a prisoner on death row facing possible execution. To find the drug protocols used by states, see State-by-State Lethal Injection. |
Electrocution | 163 | 9 states (in South Carolina, electrocution is the default method; the other 8 have lethal injection as default method). | [Alabama], [Arkansas], Florida, Kentucky, [Louisiana], [Mississippi], [Oklahoma], South Carolina, [Tennessee] The supreme courts of Georgia (2001) and Nebraska (2008) have ruled that the use of the electric chair violates their state constitutional prohibitions against cruel and unusual punishment. Virginia had authorized the electric chair as a method of execution in some cases, but it repealed the death penalty in March 2021. |
Lethal Gas | 15 | 8 states (all have lethal injection as default method) | [Alabama], Arizona, California, [Louisiana], [Mississippi], Missouri, [Oklahoma], [Wyoming] Four states (Alabama, Louisiana, Mississippi, and Oklahoma) specifically authorize execution by nitrogen hypoxia, though only Alabama has issued a protocol for its use. Alabama is the only state that has performed an execution by nitrogen hypoxia. The other states listed authorize “lethal gas,” but do not specify what type of gas would be used. |
Firing Squad | 3 | 5 states (in South Carolina, electrocution is the default method; the other states have lethal injection as primary method) | [Mississippi], [Oklahoma], [Utah], [South Carolina], [Idaho] |
^Both Florida and Tennessee explicitly authorize lethal injection and electrocution, but state that, if those methods are found unconstitutional, prisoners may be executed by any constitutional method of execution.
News & Developments
News
Feb 18, 2025
After a 15-Year Pause, Louisiana Governor Intends to Restart Executions Using New Nitrogen Gas Protocol; Courts Set Execution Dates for Two Prisoners
On February 10, 2025, Louisiana Governor Jeff Landry announced his decision to end a 15-year pause on executions, saying the Louisiana Department of Public Safety and Corrections is ready to carry out executions under a new nitrogen gas execution protocol. In a press release following his announcement, Gov. Landry said,“For too long, Louisiana has failed to uphold the promises made to victims of our State’s most violent crimes; but that failure of leadership by…
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Feb 03, 2025
Fired Federal Judge Raises Serious Concerns About Arizona’s Lethal Injection Protocol
Retired federal magistrate Judge David Duncan, who was hired and then abruptly fired by Arizona Governor Katie Hobbs to review the state’s execution protocol, continues to raise significant concerns about the state’s lethal injection protocol. In an interview with ABC15, Judge Duncan highlighted issues with the chain of command for lethal injection drugs, transparency, and the state documentation process.“It’s shocking irony that one of my tasks was…
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Jan 23, 2025
Arizona’s Handling of Lethal Injection Drugs Raises Transparency and Viability Concerns
According to investigative reporting from the AZ Mirror, the Arizona Department of Corrections, Rehabilitation, & Reentry (ADCRR) is storing the state’s supply of pentobarbital salt, the active ingredient used in a compounded form in lethal injection executions, in eight unmarked glass containers in a prison refrigerator, raising doubts about the drugs’ authenticity and efficacy. ADCRR has refused to reveal how long it has been in possession of these…
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Jan 21, 2025
Among Flurry of First-Day Executive Orders, President Trump Issues Order on the Death Penalty
On January 20, 2025, President Donald Trump signed more than two dozen Executive Orders, including a call to“restore” the federal death penalty. The Order, while lacking many important details, instructs the Department of Justice’s Attorney General to“pursue the death penalty for all crimes of a severity demanding its use,” including the killing of a law enforcement officer or“a capital crime committed by an illegal alien present in this country” and to encourage…
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Jan 16, 2025
Department of Justice Withdraws Federal Execution Protocol and Keeps Moratorium on Executions in Place
Three and a half years after announcing its investigation into the federal death penalty protocol, Attorney General Merrick Garland announced on January 15, 2025 that the Department of Justice (DOJ) is rescinding the federal government’s single-drug pentobarbital lethal injection protocol. The DOJ’s decision was based on what AG Garland called“significant uncertainty” about whether executions by pentobarbital caused unnecessary pain and suffering. The…
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