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
Nov 09, 2026
Florida Executes Jesse Guardado Amid “Deeply Troubling” Attempts to Change Expiration Dates on Lethal Injection Drugs
Jesse Guardado was executed on November 5, 2026, but ahead of his execution, a federal appellate judge found it “deeply troubling” that the Florida Department of Corrections (DOC) used white-out to change the expiration date of drugs used in lethal injection executions. In September 2026, Mr. Guardado’s legal team filed a suit against the state questioning whether the DOC has been using expired drugs in its executions. Governor Ron DeSantis signed an execution warrant for Mr. Guardado a week…
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Nov 05, 2026
Jeffrey Weisheit Executed Despite Urging of Attorneys and State Lawmakers to Pause Execution Over Concerns with Lethal Injection Drug Supplier
Attorneys for death row prisoner Jeffrey Weisheit and a group of state lawmakers urged Indiana Governor Mike Braun to grant a temporary reprieve ahead of Mr. Weisheit’s November 5 execution date, arguing the state should not proceed until questions about its lethal injection drug supply were answered. After Gov. Braun rejected those calls, Mr. Weisheit was executed by lethal injection before sunrise on the 5th at Indiana State Prison. He was convicted of killing two children, Alyssa and Caleb…
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News
Nov 03, 2026
Three Executions on November 5 Highlight Concerns about Fairness and Constitutionality of Death Sentences
NOVEMBER 6, 2026 UPDATE: All three scheduled executions took place on November 5, 2026. On November 5, three people will be put to death in a single day across the United States, all by lethal injection. Indiana officials will execute Jeffrey Weisheit; Florida officials will execute Jesse Guardado; and Alabama officials will execute Michael Taylor. All three cases raise serious questions regarding the fairness of their trials and the constitutionality of their executions. This is the second…
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News
Oct 26, 2026
Newly Obtained Records Reveal Tennessee Spent $1.2 Million for Lethal Injection Drugs, Despite Failed Execution Attempts
Reporting from The Tennessean has revealed that since January 2023, Tennessee officials have spent nearly $1.2 million on drugs for lethal injection executions, despite failing to carry out two of its last three scheduled executions in 2026. Records obtained by the outlet indicate the Tennessee Department of Correction has made two payments since January 2023 related to lethal injection drugs: one payment for $525,000, and the other for $650,000. The records do not offer any information about…
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News
Oct 08, 2026
Tennessee Court Orders Officials to Preserve Evidence from Failed Execution of Christa Pike, As She Regains Consciousness
On October 7, a Tennessee judge issued a broadly worded order requiring the state to preserve all evidence from the failed September 30 execution attempt of Christa Pike. Her attorneys reported on October 6 that she has regained consciousness and is speaking, although her overall prognosis remains uncertain. Davidson County Chancery Court Judge I’Ashea Myles granted a motion filed by Ms. Pike’s legal team, which sought to prevent the loss of records and physical evidence from the botched…
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