Alabama

Governor Kay Ivey, Republican

Overview

Alabama has always been an active death penal­ty state, ranked 7th in num­ber of exe­cu­tions in the mod­ern death penal­ty era, and has a long his­to­ry of racial vio­lence and lynch­ing before exe­cu­tions became legal. Alabama is one of only two states that still allow non-unan­i­mous death sen­tences — just 10 out of 12 votes are required to impose a sen­tence of death. Until 2017, Alabama also per­mit­ted judi­cial over­ride, which allowed the tri­al judge to over­ride the cap­i­tal jury’s sen­tenc­ing rec­om­men­da­tion. The vast major­i­ty of judi­cial over­ride cas­es (101 of 112) result­ed in the impo­si­tion of a death sen­tence over the jury’s rec­om­men­da­tion of life. In decid­ing to abol­ish the prac­tice, the leg­is­la­ture chose not to make the law retroac­tive, thus offer­ing no relief to the 20 per­cent of death-sen­tenced indi­vid­u­als at the time whose juries had rec­om­mend­ed life sen­tences for them. 

Alabama autho­rizes three meth­ods of exe­cu­tion: lethal injec­tion, elec­tro­cu­tion, and nitro­gen gas. All meth­ods have result­ed in notable botch­es. From 1927 to 2002, Alabama’s elec­tric chair caused flames to spark from the chair dur­ing exe­cu­tions. Alabama’s 2022 exe­cu­tion of Joe James by lethal injec­tion holds the record for longest botched exe­cu­tion in the U.S., last­ing three hours. After three botched lethal injec­tion exe­cu­tion attempts in 2022, Alabama added nitro­gen gas as a method, and was the first state to use it, in the exe­cu­tion of Kenneth Smith on January 25, 2024. Supporters promised that the method would be pain­less and quick, but oppo­nents char­ac­ter­ized it as human exper­i­men­ta­tion.” Witnesses to nitro­gen gas exe­cu­tions report­ed see­ing pris­on­ers shake and writhe, not­ing that pris­on­ers appeared to be in pain and dis­tress. In June 2026, the Eleventh Circuit Court of Appeals upheld a fed­er­al dis­trict court rul­ing that Alabama’s nitro­gen gas pro­to­col vio­lat­ed the Eighth Amendment’s pro­hi­bi­tion on cru­el and unusu­al pun­ish­ment. Execution by nitro­gen gas ulti­mate­ly results in death by suf­fo­ca­tion when an indi­vid­ual breathes pure nitro­gen, depriv­ing the body and vital organs of oxygen. 

The Alabama Department of Corrections has main­tained that its exe­cu­tion pro­to­col is con­fi­den­tial and out­side the purview of a pub­lic records request. In 2019, in response to a suit brought by media rep­re­sen­ta­tives, the U.S. Court of Appeals for the Eleventh Circuit required Alabama to pub­licly dis­close crit­i­cal com­po­nents of its exe­cu­tion pro­to­col. The por­tions of pro­to­col address­ing exe­cu­tion pro­ce­dures for lethal injec­tion and nitro­gen gas are heavily redacted. 

50% The per­cent­age of peo­ple sen­tenced to death who are Black, as of 2025.
75% The per­cent­age of cas­es where a judge over­rode a jury’slife sen­tenc­ing rec­om­men­da­tion that involved a white victim.
82% The per­cent­age of peo­ple exe­cut­ed as of 2025, whose cas­es involved a white victim.

Learn more about the Death Penalty in each state