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 | 1424 | 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 | 14 | 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
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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Jan 03, 2025
Tennessee to Resume Executions with Single-Drug Lethal Injection Protocol
On December 27, 2024, the Tennessee Department of Correction (TDOC) completed a multi-year lethal injection protocol review and announced that instead of the previous three-drug cocktail, lethal injection executions will use a single-drug barbituate, pentobarbital. Ohio was the first state to use pentobarbital, in the March 2011 execution of Johnnie Roy Baston. State officials now use single drug protocols in 14 states, including Tennessee, as well as in…
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Nov 07, 2024
Idaho: Federal Judge Grants Stay of Execution for Thomas Creech; Defense Asks Court to Bar Death Penalty for Bryan Kohberger
After surviving a botched execution attempt in February, Thomas Creech was scheduled for execution a second time on November 13 in Idaho. On Wednesday, November 6, a federal district court issued a stay of execution to allow more time to consider Mr. Creech’s legal claims. The Idaho Department of Corrections announced that “execution preparations have been suspended” and the execution warrant will…
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Oct 31, 2024
Kentucky Supreme Court Denies Attorney General’s Request to Remove Injunction on Executions
On October 24, 2024, the Kentucky Supreme Court denied a request by the Attorney General and the Kentucky Department of Corrections (KDOC) to remove an injunction currently prohibiting executions in Kentucky. In 2010, a Franklin County Circuit judge ordered a temporary injunction of all executions due to concerns regarding numerous aspects of Kentucky’s execution protocol, including concerns about the mental status and intellectual disability status of death row prisoners and the state’s…
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