Overview
The primary means of execution in the U.S. have been hanging, electrocution, the gas chamber, firing squad, and lethal injection. The Supreme Court has never found a method of execution to be unconstitutional, though some methods have been declared unconstitutional by state courts. The predominance of lethal injection as the preferred means of execution in all states in the modern era may have put off any judgment by the Court regarding older methods.
Because of a resistance by drug manufacturers to provide the drugs typically used in lethal injections, some states now allow the use of alternative methods if lethal injection cannot be performed. Controversies surrounding the method to be used have delayed executions in many states, contributing to an overall decline in the use of the death penalty.
Authorized Methods
NOTE: [Brackets] around a state indicate that the state authorizes the listed method as an alternative method if other methods are found to be unconstitutional or are unavailable/impractical. Click on the state to obtain specific information about the methods authorized.
Method | # of executions by method since 1976 | # of states authorizing method | Jurisdictions that Authorize |
---|---|---|---|
Lethal Injection | 1407 | 28 states+ and U.S. Military and U.S. Gov’t In South Carolina, lethal injection may be elected as an alternative method, if available. +includes 1 state that no longer have an active death penalty | Alabama, Arizona, Arkansas, California, Florida^, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire*, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, [South Carolina], South Dakota, Tennessee^, Texas, Utah, Wyoming, U.S. Military, U.S. Government *New Hampshire abolished the death penalty but the repeal may not apply retroactively, leaving a prisoner on death row facing possible execution. To find the drug protocols used by states, see State-by-State Lethal Injection. |
Electrocution | 163 | 8 states (in South Carolina, electrocution is the primary method; the other 7 have lethal injection as primary method). | [Alabama], [Arkansas], Florida, Kentucky, [Louisiana], [Mississippi], [Oklahoma], South Carolina, [Tennessee] The supreme courts of Georgia (2001) and Nebraska (2008) have ruled that the use of the electric chair violates their state constitutional prohibitions against cruel and unusual punishment. Virginia had authorized the electric chair as a method of execution in some cases, but it repealed the death penalty in March 2021. |
Lethal Gas | 12 | 8 states (all have lethal injection as primary method) | [Alabama], Arizona, California, [Louisiana], [Mississippi], Missouri, [Oklahoma], [Wyoming] Four states (Alabama, Louisiana, Mississippi, and Oklahoma) specifically authorize execution by nitrogen hypoxia, though only Alabama has issued a protocol for its use. Alabama is the only state that has performed an execution by nitrogen hypoxia. The other states listed authorize “lethal gas,” but do not specify what type of gas would be used. |
Firing Squad | 3 | 5 states (in South Carolina, electrocution is the primary method; the other states have lethal injection as primary method) | [Mississippi], [Oklahoma], [Utah], [South Carolina], [Idaho] |
^Both Florida and Tennessee explicitly authorize lethal injection and electrocution, but state that, if those methods are found unconstitutional, prisoners may be executed by any constitutional method of execution.
News & Developments
News
Apr 22, 2024
Louisiana Senate Committee Approves Legislation Supported by Jewish Community to Remove Nitrogen Hypoxia as Possible Method of Execution
On April 16, 2024, the Louisiana Senate Judiciary B Committee unanimously voted to advance a bill that would remove nitrogen hypoxia from the state’s available methods of execution. Introduced by state Senator Katrina Jackson-Andrews, Senate Bill 430 is supported by the Jews Against Gassing Coalition, an organization consisting of Jewish Louisiana residents who oppose state-sanctioned gas executions. “We recognize, of course, that the gassing of innocent victims in the Holocaust is quite different from executing a convicted criminal,” said Naomi Yavneh-Klos, a member of the coalition and Loyola University professor.…
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Mar 12, 2024
Three Largest Nitrogen Gas Manufacturers in the U.S. Prohibit Products from Use in Executions
As more states consider nitrogen hypoxia as an execution method, three of the largest manufacturers in the U.S. have barred their products intended for life-saving measures from use in executions.
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Mar 11, 2024
OP-ED: Journalist Recalls Witnessing an Execution and Describes the Importance of Media Witnesses
In May 1990, Jonathan Eig, then a reporter for The New Orleans Times-Picayune, witnessed the electric-chair-execution of Dalton Prejean at Angola State Penitentiary for the 1977 murder of a Louisiana state trooper. Mr. Eig watched Mr. Prejean’s execution through an observation window, and reported seeing “his chest heave, his fists clench and his right wrist twist outward. A spark and a puff of smoke shot from the electrode attached to his left leg.” In the years following the execution, Mr. Eig regretted his decision to witness Mr. Prejean’s execution, writing…
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Feb 29, 2024
Idaho Halts First Lethal Injection Execution in 12 Years After Failure to Establish I.V. Lines
Thomas Creech’s February 28 execution was halted after the Idaho Department of Correction execution team was unable to set an intravenous line after an hour of repeated attempts. Mr. Creech remained strapped to the gurney and conscious while unsuccessful attempts were made to access veins in both arms and legs. Officials did not disclose why the execution team was unable to establish an IV line, but the training and qualifications of staff, as well as the accessibility and quality of Mr. Creech’s veins, could have been factors. Mr. Creech’s attorneys…
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Feb 08, 2024
Past to Present: 100 Years Since the United States’ First Lethal Gas Execution, a Recently Renewed Practice
Today, February 8, marks the 100-year anniversary of the first lethal gas execution in the United States, exactly two weeks after Alabama carried out the first execution using nitrogen gas.
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