DPI Report: Behind the Curtain
Secrecy and the Death Penalty in the United States
Overview
All death penalty states, the military, and the federal government authorize lethal injection as a method of execution. Jurisdictions use a variety of execution protocols using one or more drugs. Most three-drug protocols use an anesthetic or sedative, followed by a drug to paralyze the prisoner, and finally a drug to stop the heart. One and two-drug protocols typically use an overdose of an anesthetic or sedative, such as pentobarbital, to cause death.
Although the constitutionality of lethal injection has been upheld by the United States Supreme Court, many of the specific applications are being legally challenged. Because it is increasingly difficult to obtain legally the drugs commonly used in executions, some states have experimented with new drugs and different drug combinations to carry out executions, resulting in prolonged executions in which prisoners exhibited symptoms of pain and distress. The difficulty obtaining drugs for lethal injection has also driven up the costs.
Even though the issues surrounding lethal injection are far from settled, some states have attempted to cut off debate by concealing their execution practices under veils of secrecy. Laws passed over the past decade explicitly prevent the public from learning the provenance of lethal drugs, making it impossible to assess their reliability and efficacy.
DPI has compiled summaries of available information regarding the methods of execution currently authorized and the drugs used in executions over the past ten years. DPI’s report, Behind the Curtain 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
Jul 13, 2026
Tennessee Gov. Bill Lee Says Lethal Injection Executions Will Proceed as Scheduled, Despite Recent Botch and Mounting Concerns
On July 7, 2026, Tennessee Governor Bill Lee told members of the media that the state’s scheduled executions will proceed without any changes to the lethal injection protocol, despite the state’s failed attempt to execute Tony Carruthers in May. Gov. Lee stated that the execution team followed the proper protocol during the attempted execution and that the problem was with locating a suitable vein for an IV line, rather than with the protocol itself.“I think, as we…
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Jul 07, 2026
Tennessee Republican State Senators Call on Governor Lee to Review the “Incompetent Administration” Leading to the Botched Execution of Tony Carruthers
In a letter dated June 25, 2026, a group of nine Tennessee Republican senators called on Governor Bill Lee to commission an independent review of the failed execution of Tony Carruthers, to order the correction of“every deficiency” found in this review, and to make information about the execution team publicly available“so that the Department [of Corrections’] readiness can be independently verified.” While the senators maintain their support for the…
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Jun 02, 2026
Capital Defender’s Eyewitness Account of Tennessee’s Botched Execution of Her Client
In a June 1, 2026, op-ed in The New York Times, Maria DeLiberato, senior counsel at the American Civil Liberties Union (ACLU) Capital Punishment Project, offers a first-person account of the May 21 attempt by Tennessee to execute her client, Tony Carruthers — and the hour of suffering she witnessed before Governor Bill Lee called off his execution. Ms. DeLiberato, who joined Mr. Carruthers’ legal team just two months before his scheduled execution date, describes entering the…
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May 26, 2026
Tennessee’s Botched Execution of Tony Carruthers Raises Questions About Medical Qualifications Among Concerns with Innocence and Due Process
Tennessee’s attempt to execute Tony Carruthers on May 21, 2026, failed after execution team members could not establish an intravenous line after more than an hour of attempts, prompting Governor Bill Lee to grant a one-year reprieve. In a written statement, the Tennessee Department of Corrections said medical personnel had quickly established a primary IV line but were unable to establish a backup line as required by the state’s execution protocol. Efforts to…
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Apr 27, 2026
Department of Justice Releases Memo Calling for Expansion of Federal Death Penalty and New Methods
On April 24, 2026, the Department of Justice’s Office of Legal Policy released a detailed report, Restoring and Strengthening the Federal Death Penalty, calling on the Federal Bureau of Prisons (BOP) to reinstate use of a single-drug (pentobarbital) execution protocol, and urging Congress to enact sweeping legislative changes that would expand the reach and speed of the federal death penalty. Alongside the release of the report, DOJ announced that it has directed BOP to…
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