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DPI Report: Behind the Curtain
Secrecy and the Death Penalty in the United States
Overview
All states and the federal government use lethal injection as their primary method of execution. Jurisdictions use a variety of protocols typically employing one, two, or three drugs. Most three-drug protocols use an anesthetic or sedative, followed by a drug to paralyze the inmate, and finally a drug to stop the heart. The one and two-drug protocols typically use an overdose of an anesthetic or sedative to cause death.
Although the constitutionality of lethal injection has been upheld by the Supreme Court, the specific applications used in states continues to be widely challenged prior to each execution. Because it is increasingly difficult to obtain the drugs used in earlier executions, states have resorted to experimenting with new drugs and drug combinations to carry out executions, resulting in numerous prolonged and painful executions. States are also turning to previously discarded forms of execution, such as the electric chair and gas chamber, in the event that lethal drugs cannot be obtained.
At Issue
Even though the issues surrounding lethal injection are far from settled, states are attempting to cut off debate by concealing their execution practices under a veil of secrecy. Recently passed laws bar the public from learning the sources of lethal drugs being used, making it impossible to judge the reliability of the manufacturer or the possible expiration of these drugs.
What DPI Offers
DPI has state-by-state summaries of the methods of execution currently in place and the types of drugs used in each execution in the past ten years. A DPI report covers the execution secrecy laws that have been imposed in many states. Statements from various pharmaceutical companies barring the use of their drugs in executions are also provided.
News & Developments
News
Feb 03, 2025
Fired Federal Judge Raises Serious Concerns About Arizona’s Lethal Injection Protocol
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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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Jan 13, 2025
Connecticut Lawmakers Introduce Bill to Prohibit the Production and Manufacturing of Lethal Injection Drugs and Other Materials for Executions
On January 10, 2025, three Connecticut lawmakers introduced a bill that would make it illegal to manufacture and sell any drugs or medical devices in the state meant to carry out the death penalty. In 2024, Connecticut-based company Absolute Standards was identified as the source of lethal injection drugs used in 13 federal executions in 2020 and 2021. In a letter to the bill’s sponsors, John Criscio, President of Absolute Standards, said the company ceased production…
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