Methods of Execution

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…

In August 2023, Alabama released the first-ever exe­cu­tion pro­to­col for nitro­gen hypox­ia, an untest­ed exe­cu­tion method in which pris­on­ers will be put to death by suf­fo­ca­tion as they are forced to breathe pure nitro­gen gas. Alabama’s heav­i­ly redact­ed pro­to­col pro­vides that pris­on­ers will be fit­ted with a mask and breath­ing tube to con­trol the gas, which will slow­ly deprive them of oxy­gen. However, use of this untest­ed method may also pose dan­gers to spir­i­tu­al advi­sors and prison staff in the exe­cu­tion chamber.

On August 25, 2023, Alabama Attorney General Steve Marshall asked the state Supreme Court to set a date for Kenneth Smith to be exe­cut­ed using nitro­gen hypox­ia, a method that has nev­er been used in any state. The deci­sion to use this method comes after Alabama botched sev­er­al exe­cu­tions. Since 2018, when Alabama ini­tial­ly autho­rized the use of nitro­gen hypox­ia in cap­i­tal pun­ish­ment, the state has been work­ing to estab­lish a pro­to­col for exe­cu­tions using this method. Alabama ini­tial­ly autho­rized nitro­gen hypox­ia amidst a short­age of lethal injec­tion drugs. Oklahoma…

A recent law review arti­cle crit­i­cizes the U.S. Supreme Court’s use of its ​‘shad­ow dock­et’ in cap­i­tal cas­es, par­tic­u­lar­ly in recent years. The Capital Shadow Docket and the Death of Judicial Restraint, by Professor Jenny-Brooke Condon, explains that the Court ​“invokes judi­cial restraint to jus­ti­fy its refusal to sec­ond-guess the cru­el­ty of chal­lenged exe­cu­tion meth­ods or when Justices cite fed­er­al­ism-based ratio­nales for refus­ing to delay state enforce­ment of a death sen­tences … And yet on the Supreme Court’s shad­ow dock­et, the Court’s death penal­ty jurispru­dence is any­thing but restrained.” 

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.

In the lat­est episode of Discussions with DPIC, Anne Holsinger, Managing Director of DPIC, inter­views Ron McAndrew (pic­tured), a for­mer Florida Prison Warden who wit­nessed exe­cu­tions using elec­tro­cu­tion and lethal injec­tion in Florida and Texas. He offers reflec­tions on the neg­a­tive impact that exe­cu­tions have on the fam­i­lies of both the vic­tim and the con­demned, the cor­rec­tion­al offi­cers, and on himself.

Idaho will become the fifth state to autho­rize the fir­ing squad as a method of exe­cu­tion and may become the first state to manda­to­ri­ly impose it on a death row pris­on­er since 1976. Idaho’s Governor Brad Little signed HB 186 into law on March 24, 2023, and it goes into effect on July 1. The law gives the direc­tor of the Idaho Department of Correction up to five days after a death war­rant is issued to deter­mine if lethal injec­tion is avail­able. If it is declared unavail­able, the exe­cu­tion will…

On January 26, South Carolina’s Supreme Court ordered the state to turn over infor­ma­tion about its attempts to obtain lethal injec­tion drugs, as part of a suit chal­leng­ing aspects of the state’s meth­ods of execution.

The South Carolina Supreme Court will hear argu­ment one month soon­er on the state’s appeal of a tri­al court rul­ing that declared two of its statu­to­ri­ly meth­ods of exe­cu­tion — death by elec­tric chair and fir­ing squad — unconstitutional.

A fed­er­al dis­trict court issued an order on September 19, 2022 to halt the sched­uled September 22, 2022 exe­cu­tion of Alabama death-row pris­on­er Alan Miller ​“by any method oth­er than nitro­gen hypox­ia,” lead­ing to a series of last-minute appeals by Alabama pros­e­cu­tors and an after-hours exe­cu­tion-night rul­ing by the U.S. Supreme Court to let the exe­cu­tion go for­ward. Alabama sub­se­quent­ly called off the exe­cu­tion when it became appar­ent more than two hours lat­er that exe­cu­tion per­son­nel would be unable to suc­cess­ful­ly set an IV line before the mid­night expi­ra­tion of Miller’s…