Lethal Injection

On October 26, 2023, Judge Coral Sanchez of Utah’s Third Circuit Court heard argu­ments in a law­suit filed by five death-sen­tenced pris­on­ers against the State in April. Ralph Menzies, Troy Kell, Michael Archuleta, Douglas Carter, and Taberon Honie seek an order vacat­ing Utah’s cur­rent exe­cu­tion pro­to­col and enjoin­ing its use. The law­suit argues that the State’s two-pronged pro­to­col, with lethal injec­tion as the default method of exe­cu­tion and fir­ing squad as a back­up, con­sti­tutes cru­el and unusu­al pun­ish­ment in both meth­ods and is there­fore uncon­sti­tu­tion­al under the Eighth Amendment. At…

On September 19^th, 2023, South Carolina Governor Henry McMaster and the South Carolina Department of Corrections issued a joint state­ment inform­ing the pub­lic that the state is ​“now pre­pared” to car­ry out lethal injec­tion exe­cu­tions, as they have retained the drug need­ed to do so. Gov. McMaster and Department of Corrections offi­cials filed a brief with the South Carolina Supreme Court, noti­fy­ing the courts of their pro­cure­ment of pen­to­bar­bi­tal, a seda­tive that can be lethal in high dos­es, and ask­ing for a resump­tion of exe­cu­tions. In his press release, Gov.…

According to a September 14, 2023, arti­cle from The Intercept, four med­ical sup­ply man­u­fac­tur­ers are refus­ing to sell their equip­ment for use in lethal injec­tion exe­cu­tions. This lim­i­ta­tion may fur­ther ham­per the abil­i­ty of states to car­ry out exe­cu­tions, as a mul­ti­tude of phar­ma­ceu­ti­cal com­pa­nies have already placed restric­tions on sell­ing their drugs to depart­ments of cor­rec­tion. Joining these com­pa­nies are Baxter International Inc., B. Braun Medical Inc., Fresenius Kabi, and Johnson & Johnson. Not only do these com­pa­nies pro­duce the drugs need­ed for lethal injec­tion, but they also develop…

On August 8, 2023, death-sen­tenced pris­on­er Aubrey Trail peti­tioned the state to set his exe­cu­tion date. Currently, there are 10 oth­ers on death row in Nebraska, but the state does not pos­sess the nec­es­sary lethal injec­tion drugs for any exe­cu­tions. Nebraska has not exe­cut­ed any­one in more than five years. The last per­son exe­cut­ed was Carey Dean Moore in 2018 via lethal injec­tion. Mr. Trail con­fessed to the 2017 killing of Sydney Loofe and was sen­tenced to death by a three-judge pan­el in 2021. In a let­ter to the Lincoln Star…

On July 21, 2023, Alabama death row pris­on­er James Barber was exe­cut­ed two hours after the U.S. Supreme Court denied his motion for a stay in a 6 – 3 deci­sion. This marks the state’s first exe­cu­tion since a series of three botched exe­cu­tions in 2022 and an inter­nal inves­ti­ga­tion into the Alabama Department of Corrections’ (ADOC) exe­cu­tion protocol. 

Today marks the five-year anniver­sary of Ohio’s last exe­cu­tion, which took place on July 18, 2018. Ohio now joins 15 oth­er states with­out an exe­cu­tion in the past five years. Although there is no for­mal mora­to­ri­um, Governor Mike DeWine has issued sev­er­al reprieves due to con­cerns about the lethal injec­tion pro­to­col and the dif­fi­cul­ty the state has had obtain­ing lethal injec­tion drugs. Ohio has exe­cut­ed 56 peo­ple in the mod­ern death penal­ty era, plac­ing it 8^th over­all in the num­ber of exe­cu­tions in the United States. 

On May 3, 2023, the fam­i­ly of Joe Nathan James (pic­tured) sued the state of Alabama for the pain and suf­fer­ing it caused dur­ing his three-hour-long lethal injec­tion in 2022. It is believed to be the longest known exe­cu­tion in U.S. his­to­ry. The suit asserts that ​“the exe­cu­tion team failed to exe­cute Mr. James in a man­ner that com­ports with the U.S. Constitution, the Alabama Constitution, and applic­a­ble state law.”

Bills to alter the state’s method of exe­cu­tion and to make the exe­cu­tion process more trans­par­ent failed in Tennessee’s leg­is­la­ture this year as its ses­sion con­clud­ed. In an effort to facil­i­tate exe­cu­tions bogged down by the state’s prob­lems with lethal injec­tion, a bill was pro­posed to give pris­on­ers the option of the fir­ing squad for their exe­cu­tion. Following an inde­pen­dent inves­ti­ga­tion into Tennessee’s lethal injec­tion pro­to­cols, Governor Bill Lee ® had sus­pend­ed exe­cu­tions on January 5, 2023.

Bills to hide the iden­ti­ties of lethal-injec­tion drug sup­pli­ers and exe­cu­tion team mem­bers from the pub­lic have passed both cham­bers of the South Carolina leg­is­la­ture. The bills face a rec­on­cil­i­a­tion process before one can move to the governor’s desk for sig­na­ture. Proponents of the law say it is nec­es­sary because reveal­ing such infor­ma­tion might make exe­cu­tions dif­fi­cult or impos­si­ble. South Carolina has not car­ried out an exe­cu­tion in 12 years. Opponents say the pub­lic has the right to know about gov­ern­ment actions.

In a let­ter to Governor Kay Ivey (pic­tured) of Alabama, over 170 local faith lead­ers from many denom­i­na­tions and tra­di­tions across the state asked her to com­mit to a ​“com­pre­hen­sive, inde­pen­dent, and exter­nal review of Alabama’s death penal­ty pro­ce­dures” in the wake of a series of botched exe­cu­tions. The church rep­re­sen­ta­tives thanked the gov­er­nor for paus­ing exe­cu­tions but urged her to ensure trans­paren­cy and inde­pen­dence in review­ing how Alabama per­forms executions.