Overview
The primary means of execution in the U.S. have been hanging, electrocution, the gas chamber, firing squad, and lethal injection. The Supreme Court has never found a method of execution to be unconstitutional, though some methods have been declared unconstitutional by state courts. The predominance of lethal injection as the preferred means of execution in all states in the modern era may have put off any judgment by the Court regarding older methods.
Because of a resistance by drug manufacturers to provide the drugs typically used in lethal injections, some states now allow the use of alternative methods if lethal injection cannot be performed. Controversies surrounding the method to be used have delayed executions in many states, contributing to an overall decline in the use of the death penalty.
Authorized Methods
NOTE: [Brackets] around a state indicate that the state authorizes the listed method as an alternative method if other methods are found to be unconstitutional or are unavailable/impractical. Click on the state to obtain specific information about the methods authorized.
Method | # of executions by method since 1976 | # of states authorizing method | Jurisdictions that Authorize |
---|---|---|---|
Lethal Injection | 1404 | 28 states+ and U.S. Military and U.S. Gov’t In South Carolina, lethal injection may be elected as an alternative method, if available. +includes 1 state that no longer have an active death penalty | Alabama, Arizona, Arkansas, California, Florida^, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire*, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, [South Carolina], South Dakota, Tennessee^, Texas, Utah, Wyoming, U.S. Military, U.S. Government *New Hampshire abolished the death penalty but the repeal may not apply retroactively, leaving a prisoner on death row facing possible execution. To find the drug protocols used by states, see State-by-State Lethal Injection. |
Electrocution | 163 | 8 states (in South Carolina, electrocution is the primary method; the other 7 have lethal injection as primary method). | [Alabama], [Arkansas], Florida, Kentucky, [Louisiana], [Mississippi], [Oklahoma], South Carolina, [Tennessee] The supreme courts of Georgia (2001) and Nebraska (2008) have ruled that the use of the electric chair violates their state constitutional prohibitions against cruel and unusual punishment. Virginia had authorized the electric chair as a method of execution in some cases, but it repealed the death penalty in March 2021. |
Lethal Gas | 12 | 8 states (all have lethal injection as primary method) | [Alabama], Arizona, California, [Louisiana], [Mississippi], Missouri, [Oklahoma], [Wyoming] Four states (Alabama, Louisiana, Mississippi, and Oklahoma) specifically authorize execution by nitrogen hypoxia, though only Alabama has issued a protocol for its use. Alabama is the only state that has performed an execution by nitrogen hypoxia. The other states listed authorize “lethal gas,” but do not specify what type of gas would be used. |
Firing Squad | 3 | 5 states (in South Carolina, electrocution is the primary method; the other states have lethal injection as primary method) | [Mississippi], [Oklahoma], [Utah], [South Carolina], [Idaho] |
^Both Florida and Tennessee explicitly authorize lethal injection and electrocution, but state that, if those methods are found unconstitutional, prisoners may be executed by any constitutional method of execution.
News & Developments
News
Mar 12, 2024
Three Largest Nitrogen Gas Manufacturers in the U.S. Prohibit Products from Use in Executions
As more states consider nitrogen hypoxia as an execution method, three of the largest manufacturers in the U.S. have barred their products intended for life-saving measures from use in executions.
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Mar 11, 2024
OP-ED: Journalist Recalls Witnessing an Execution and Describes the Importance of Media Witnesses
In May 1990, Jonathan Eig, then a reporter for The New Orleans Times-Picayune, witnessed the electric-chair-execution of Dalton Prejean at Angola State Penitentiary for the 1977 murder of a Louisiana state trooper. Mr. Eig watched Mr. Prejean’s execution through an observation window, and reported seeing “his chest heave, his fists clench and his right wrist twist outward. A spark and a puff of smoke shot from the electrode attached to his left leg.” In the years following the execution, Mr. Eig regretted his decision to witness Mr. Prejean’s execution, writing…
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Feb 29, 2024
Idaho Halts First Lethal Injection Execution in 12 Years After Failure to Establish I.V. Lines
Thomas Creech’s February 28 execution was halted after the Idaho Department of Correction execution team was unable to set an intravenous line after an hour of repeated attempts. Mr. Creech remained strapped to the gurney and conscious while unsuccessful attempts were made to access veins in both arms and legs. Officials did not disclose why the execution team was unable to establish an IV line, but the training and qualifications of staff, as well as the accessibility and quality of Mr. Creech’s veins, could have been factors. Mr. Creech’s attorneys…
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Feb 08, 2024
Past to Present: 100 Years Since the United States’ First Lethal Gas Execution, a Recently Renewed Practice
Today, February 8, marks the 100-year anniversary of the first lethal gas execution in the United States, exactly two weeks after Alabama carried out the first execution using nitrogen gas.
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Feb 07, 2024
Worldwide Wednesday International Roundup: China, Ghana, Iran, Japan, Saudi Arabia, United States, Vietnam, and Zimbabwe
The January 25, 2024 execution of Kenneth Smith in the state of Alabama with nitrogen gas received widespread international condemnation. The European Union reiterated its commitment to abolishing the death penalty and called the execution method a “particularly cruel and unusual punishment.” The UN High Commissioner for Human Rights, Volker Türk, stated: “I deeply regret the execution of Kenneth Eugene Smith in Alabama despite serious concerns that this novel and untested method of suffocation may amount to torture, cruel, inhuman or degrading treatment.” A January 30 statement by four United…
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Feb 06, 2024
South Carolina Supreme Court Hears Arguments on Constitutionality of Electrocution and Firing Squad, Considers Scope of Secrecy Law
On February 6, 2024, the South Carolina Supreme Court heard oral arguments in Owens v. Stirling, a case in which death-sentenced prisoners challenged the state’s electrocution and firing squad execution methods as unconstitutional. A South Carolina trial court had previously held an extensive evidentiary hearing and issued an injunction against use of those methods based on the state’s constitutional prohibition against “cruel,” “unusual,” or “corporal” punishments. For almost 90 minutes the parties discussed the expert testimony and evidence considered by the district court, while also spending substantial time debating the…
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Feb 02, 2024
Ohio Officials Divided on Death Penalty as Attorney General Pushes New Bill to Legalize Nitrogen Hypoxia for Executions
On Tuesday, January 30, Ohio Attorney General Dave Yost announced new legislation to authorize the use of nitrogen gas in executions in the state. Joined by several Republican state representatives and Louis Tobin of the Ohio Prosecuting Attorneys Association, AG Yost said that he is seeking to “kickstart” Ohio’s death penalty after a six-year pause in executions due to difficulties obtaining lethal injection drugs. “The status quo is unacceptable,” he said. According to the text of the proposed bill, H.B. 392, a prisoner could elect lethal injection or nitrogen hypoxia…
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Jan 30, 2024
Louisiana Supreme Court Grants New Trial Based on Prosecutorial Misconduct while New Governor Landry Moves to Expand Methods of Execution and Restart Executions
On January 26, 2024, the Louisiana Supreme Court granted a new trial to death-sentenced prisoner Darrell Robinson based on egregious prosecutorial misconduct. The Court held that Mr. Robinson “did not receive a fair trial, or a verdict worthy of confidence.” Mr. Robinson’s quest to prove his innocence advances at the same time that Governor Jeff Landry seeks to expand the state’s methods of execution and restart executions. During a tumultuous 2023 in which outgoing Governor John Bel Edwards supported clemency review for Louisiana’s entire death row, only to be blocked…
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Jan 26, 2024
“The World is Watching”: Witnesses Report Kenneth Smith Appeared Conscious, “Shook and Writhed” During First-Ever Nitrogen Hypoxia Execution
On January 25, 2024, Alabama executed Kenneth Smith using nitrogen hypoxia, a first in American history. Though state attorneys had assured courts that the method would cause “unconsciousness in seconds,” witnesses reported that Mr. Smith appeared awake for several minutes after the nitrogen gas began. They observed that he “shook and writhed” for at least two minutes before breathing heavily for another few minutes. “This was the fifth execution that I’ve witnessed in Alabama, and I have never seen such a violent reaction to an execution,” said media witness Lee…
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Jan 11, 2024
Federal Judge’s Ruling Will Permit Alabama to Execute Kenneth Smith Using Nitrogen Gas
On January 10, 2024, U.S. District Judge Austin Huffaker denied Kenneth “Kenny” Smith’s challenge to Alabama’s intended use of nitrogen gas to execute him. Although Mr. Smith plans to appeal, the ruling currently authorizes Alabama to use its new, untested method of nitrogen hypoxia to execute Mr. Smith on January 25.
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Jan 04, 2024
Utah Judge Clears the Way for Use of the Firing Squad
On December 22, 2023, Judge Coral Sanchez of Utah’s Third Circuit Court dismissed a lawsuit brought by five men on the state’s death row that challenged Utah’s two execution methods and protocols. Ralph Menzies, Troy Kell, Michael Archuleta, Douglas Carter, and Taberon Honie sought an order vacating Utah’s current execution protocols for lethal injection and firing squad and enjoining their future use. The prisoners argue that both methods constitute cruel and unusual punishment under the Eighth Amendment. In her decision to dismiss their lawsuit, Judge Sanchez wrote that the “plaintiffs…
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