
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
Mar 18, 2025
Nine Tennessee Death Row Prisoners Challenge State’s One-Drug Lethal Injection Protocol, Citing “High Risk of Torturous Death”

On March 14, 2025, a group of nine death row prisoners in Tennessee filed a lawsuit challenging the state’s sole use of pentobarbital in its revised lethal injection protocol, arguing it creates a“high risk of a torturous death.” In December 2024, the Tennessee Department of Correction (TDOC) completed a multi-year lethal injection protocol review and announced that instead of the previous three-drug protocol, the state would shift to rely on just one drug:…
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Feb 24, 2025
Article of Interest: Cato Institute Fellow Critiques Medical Ethics Double Standard Around Executions
In a February blog post, Cato Institute Senior Fellow Jeffrey A. Singer criticizes the use of medicalized lethal injection, highlighting the double standard under which procedures that medical professionals are ethically barred from carrying out are not only allowed, but required, of law enforcement personnel.“A doctor who intentionally performs cruel and medically unjustifiable procedures that cause pain and suffering could face criminal charges. If…
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Feb 13, 2025
Montana House Legislators Defeat Bill that Would Have Broadened Lethal Injection Methods
Montana State…
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Feb 03, 2025
Fired Federal Judge Raises Serious Concerns About Arizona’s Lethal Injection Protocol
Retired Federal Magistrate…
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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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