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.
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