
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
Jun 16, 2025
Governor Says Indiana Will Not Purchase More Lethal Injection Drugs, Invites Debate over Death Penalty

According to Governor Mike Braun (pictured), Indiana has depleted the supply of pentobarbital it uses in its lethal injection executions. Given that the last of the doses purchased in December 2024 expired and went unused, Gov. Braun does not intend to renew the state’s supply. According to earlier reporting by the Indiana Capital Chronicle, the Indiana Department of Correction (IDC) spent $900,000 on pentobarbital in late 2024 in preparation for the execution of…
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May 27, 2025
Tennessee Governor Allows State’s First Execution in Five Years to Proceed Despite Concerns Over Lethal Injection Drug
On May 22, 2025, Tennessee executed Oscar Smith by lethal injection, marking the state’s first execution in five years despite a pending lawsuit challenging the state’s new lethal injection protocol that relies on one drug — pentobarbital. Other death row prisoners and attorneys for Mr. Smith had urged Governor Bill Lee to grant a reprieve, citing an upcoming January 2026 trial that will determine the constitutionality of the new execution protocol. They…
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May 22, 2025
“Violent” Movements During Indiana Execution Raise Unanswered Questions
Benjamin Ritchie’s execution in Indiana on May 20, 2025, has raised new concerns about the use of pentobarbital after defense counsel reported their client displayed an unusual physical reaction after being injected with the drug. But because Indiana officials bar media witnesses from observing executions, the public has no independent witness reports on what transpired. Steve Schutte, an attorney for Mr. Ritchie, told the Indiana Capital Chronicle that Mr. Ritchie…
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May 21, 2025
DPI’s Podcast 12:01 The Death Penalty in Context: Author Corinna Barrett Lain on the “Untold Story” of Lethal Injection
In this month’s podcast episode of 12:01 The Death Penalty in Context, DPI’s Managing Director Anne Holsinger speaks with Corinna Barrett Lain, the S.D. Roberts & Sandra Moore Professor of Law at the University of Richmond School of Law and author of the recently published book, Secrets of the Killing State: The Untold Story of Lethal Injection. Ms. Lain’s new book challenges a widely held assumption that lethal injection is a painless, regulated, and medically-sound…
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May 15, 2025
$200,000 Spent on Lethal Injection Drugs in Idaho Since 2023 Now Unusable
The Idaho Department of Corrections (IDOC) has admitted to spending $200,000 on lethal injection execution drugs since 2023, all of which have since expired without use. Josh Tewalt, the former director of IDOC said in recent court filings that the drugs in IDOC’s possession expired because of repeated delays associated with scheduling an execution. Sanda Kuzeta-Cerimagic, an IDOC spokesperson, told the Idaho Statesman that the department does not currently have…
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