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
Feb 23, 2026
Twenty Years Since the Last Scheduled Execution in California and a Focus on the Participation of Physicians in Executions
February 21, 2006, a California court’s decision effectively halted the planned execution of Michael Angelo Morales, marking the start of California’s 20-year moratorium on execution scheduling and throwing into the spotlight the tension between physician participation in executions and their pledge to show“the utmost respect for life.” > The events surrounding Morales’s impending fate brought to the surface the long-running schism between law and medicine,…
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Feb 04, 2026
Bipartisan Support Defeats Indiana House Bill to Add Firing Squad as Execution Method
A bipartisan group of 19 Republicans and 28 Democrats narrowly defeated a measure to add the firing squad as an execution method in an Indiana House floor vote on January 28, 2026. HB 1119 received 48 in favor and 47 against, falling three votes short of passage, with two legislators not voting and three absent. Although the measure could have been brought for a second vote before February 2, it was not. A similar Senate bill (SB 11) to add the firing squad stalled in…
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Jan 27, 2026
Death-Sentenced Prisoner Christa Pike Files Religious Challenge to Tennessee’s Execution Protocol
Christa Pike, the only woman on Tennessee’s death row, has filed a lawsuit in the Davidson County Chancery Court challenging the state’s lethal injection protocol, asserting it violates her constitutional rights and conflicts with her religious beliefs. The state’s new execution protocol relies solely on pentobarbital to induce respiratory and cardiac arrest, rather than the former three-drug cocktail. Ms. Pike argues that Tennessee’s limitation on clergy,…
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Jan 21, 2026
New Autopsy Report Renews Concerns about Arizona’s Execution Protocol
An autopsy of Richard Djerf, who was executed in Arizona in October 2025, has renewed concerns about the state’s lethal injection execution protocol and the state’s efforts to address longstanding execution-related concerns. Mr. Djerf was convicted for the September 1993 murders of four members of the Luna family in Phoenix. The autopsy, conducted by Pinal County Chief Medical Examiner Dr. John Hu, established for the first time that medical personnel encountered…
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Dec 09, 2025
Roundup of 2025 Legislation to Modify Execution Protocols
On December 15, 2025, the Death Penalty Information Center will release its annual Year End Report detailing nationwide death penalty trends, including executions, new death sentences, legislation, public opinion, and the legal challenges in the Supreme Court. This article highlights the legislation introduced this year to modify execution protocols. This year, legislators in more than half of states that retain the death penalty proposed changes to their…
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