
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
May 22, 2025
“Violent” Movements During Indiana Execution Raise Unanswered Questions

Benjamin Ritchie’s execution in Indiana on May 20, 2025, has raised new concerns about the use of pentobarbital after defense counsel reported their client displayed an unusual physical reaction after being injected with the drug. But because Indiana officials bar media witnesses from observing executions, the public has no independent witness reports on what transpired. Steve Schutte, an attorney for Mr. Ritchie, told the Indiana Capital Chronicle that Mr. Ritchie…
Read MoreNews
May 21, 2025
DPI’s Podcast 12:01 The Death Penalty in Context: Author Corinna Barrett Lain on the “Untold Story” of Lethal Injection
In this month’s podcast episode of 12:01 The Death Penalty in Context, DPI’s Managing Director Anne Holsinger speaks with Corinna Barrett Lain, the S.D. Roberts & Sandra Moore Professor of Law at the University of Richmond School of Law and author of the recently published book, Secrets of the Killing State: The Untold Story of Lethal Injection. Ms. Lain’s new book challenges a widely held assumption that lethal injection is a painless, regulated, and medically-sound…
Read MoreNews
May 15, 2025
$200,000 Spent on Lethal Injection Drugs in Idaho Since 2023 Now Unusable
The Idaho Department of Corrections (IDOC) has admitted to spending $200,000 on lethal injection execution drugs since 2023, all of which have since expired without use. Josh Tewalt, the former director of IDOC said in recent court filings that the drugs in IDOC’s possession expired because of repeated delays associated with scheduling an execution. Sanda Kuzeta-Cerimagic, an IDOC spokesperson, told the Idaho Statesman that the department does not currently have…
Read MoreNews
May 14, 2025
Murder Victims’ Family Members Ask Tennessee Governor Lee to Halt Scheduled Executions
On May 8, 2025, a group of family members who have lost loved ones to violence in Tennessee delivered a letter to Governor Bill Lee’s office requesting that he halt the state’s upcoming scheduled executions. In their letter, the group of 51“victims, survivors, and family members of those impacted by violent crime” argue the death penalty does not act as a healing tool for victims and takes away from state-funded resources that could help with their healing. For these…
Read MoreNews
May 05, 2025
Federal Judge in Idaho Orders Department of Corrections Must Allow Greater Media Access to Executions
On April 29, 2025, U.S. District Judge Debora K. Grasham ordered the Idaho Department of Corrections (IDOC) to give media witnesses to an execution“audio and visual access to the preparation and administration of the lethal injection drugs.” The ruling stems from a December 2024 lawsuit filed by the Associated Press, The Idaho Statesman, and East Idaho News, which argued that media outlets were being unconstitutionally prohibited from viewing“key steps” in Idaho’s…
Read More