New Resource: In Era of Secrecy, States Increasingly Restrict Media Access to Executions

On December 18, Joseph Corcoran is sched­uled to be the first per­son exe­cut­ed by Indiana offi­cials in 15 years. For the first time, the state will use a sin­gle drug, pen­to­bar­bi­tal, which comes from an unknown source and has been known to cause pris­on­ers excru­ci­at­ing” pain dur­ing exe­cu­tions. But no media wit­ness­es will be present to relay what hap­pens to the pub­lic. Indiana is an out­lier in its pol­i­cy deci­sion to com­plete­ly exclude the press from wit­ness­ing exe­cu­tions in the state. But a sur­vey by the Death Penalty Information Center finds that many states now sig­nif­i­cant­ly restrict whether and how mem­bers of the press may observe and doc­u­ment the execution process. 

Unobstructed media access to exe­cu­tions is crit­i­cal because the media observes what the pub­lic can­not. States gen­er­al­ly pro­hib­it cit­i­zens from attend­ing exe­cu­tions, so the media becomes the public’s watch­dog, pro­vid­ing impor­tant infor­ma­tion about how the gov­ern­ment is fol­low­ing the law and using tax­pay­er funds. We’re the ones that are there as the eyes and ears of the pub­lic, and we’re there to ensure that the state does it cor­rect­ly,” said Rhonda Cook, a reporter for the Atlanta Journal-Constitution who has wit­nessed 28 exe­cu­tions. Without jour­nal­ists see­ing and hear­ing every step of the process, the pub­lic can only rely on offi­cial state accounts, which often refuse to acknowl­edge prob­lems regard­less of the evi­dence. For instance, with­out jour­nal­ists report­ing that Alan Miller was jerk­ing and shak­ing” and lift­ing his head off the gur­ney as he gasped for breath for over five min­utes dur­ing his September 26 exe­cu­tion by nitro­gen gas, the pub­lic would only have heard Alabama offi­cials’ incred­u­lous assur­ance that the exe­cu­tion went as planned” and was humane and effective.”

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