Skip to main content

The Beginning of the End of America’s Death-Penalty Experiment

San Quentin Prison's brand new execution chamber
Beginnings and endings are not always apparent when they occur. The modern death-penalty era began on July 2, 1976, when the Supreme Court decided the case of Gregg v. Georgia. But we did not actually know it had begun until Jan. 17, 1977, which was the date the State of Utah executed Gary Gilmore by firing squad.

The thing about the firing squad, though, and most all other methods of execution the States adopted—including hanging, the electric chair and the gas chamber—is that they are not the least bit subtle. When you shoot somebody, or hang him, you know you are killing him. The death penalty, however, is the sausage factory of America’s legal system: Nobody wants to know what is actually going on.

So the states eventually embraced lethal injection as the preferred method of killing condemned murderers. Now we could all pretend that the process was nothing more than a sterile implementation of proportional punishment. Sure, we were still killing somebody, but the actual act of killing the condemned looked like something you might see on the medical channel. People sometimes ask me what it is like to witness an execution, and I tell them the most powerful thing about it is walking outside the prison after it is over, into the bright light of day, and seeing that the State has just killed someone, and the citizens don’t have a clue.

We do know, however, when the end of the modern death-penalty era began: April 29, 2014. That was the day we could no longer remain willfully naive. It was the date Oklahoma executed Clayton Lockett.

Lockett had murdered a young woman named Stephanie Neiman. He shot her and buried her alive, an unusually grisly crime. He was not exactly the sort of murderer abolitionists would choose as a poster boy. But he became one anyway. As the execution was proceeding, he woke up and began straining against the leather straps that held him to the gurney. So gruesome was the scene that prison officials pulled the curtain, preventing the witnesses from seeing him writhe and gasp for air any further. Forty-three minutes later, he died.


Source: Politico Magazine, David R. Dow, July 25, 2014. Mr. Dow, who represents death-row inmates, is the Cullen professor at the University of Houston Law Center and the Rorschach visiting professor of history at Rice University. His most recent book is Things I’ve Learned from Dying.

Most viewed (Last 7 days)

Florida Set to Execute Man Who Said He Killed to Reach Death Row, Challenging Misconception that Death Penalty Deters Crime

Florida is scheduled to execute James Robertson at noon on Tuesday, October 13, at Florida State Prison. His execution remains scheduled despite the withdrawal of William Lee Thompson’s death warrant, which had called for a 2nd execution that evening. If completed, this will be Florida’s 17th execution of 2026. Floridians for Alternatives to the Death Penalty (FADP) and partners will be holding a series of vigils and demonstrations across the state. 

Christa Pike's Survival Wasn't a Miracle. That's What Should Scare Us.

What happened in Tennessee's execution chamber is one of the most common failures in medicine Christa Pike is awake. A week after Tennessee strapped her to a gurney and gave her two doses of pentobarbital , she is off the ventilator and speaking from a hospital bed, still shackled to it. Her lawyers call her recovery " medically unprecedented. " Legal scholars say she is the first person in American history to survive a lethal injection after the drug was actually given. I understand the impulse to make such claims. I consulted for Pike's legal team, but I have also spent three decades in operating rooms and intensive care units (ICUs), and I want to resist the word "unprecedented" and the word "miracle" that hovers just behind it.

Tennessee | Republicans legislature to investigate other execution methods after failed lethal injections

Republican leaders in Tennessee’s legislature say they will investigate the reliability of lethal injection as an execution method after the state failed to execute two death row inmates in the span of five months. Gov. Bill Lee stopped the May execution of Tony Carruthers after a physician unsuccessfully attempted to insert intravenous lines to begin the lethal injection process for over an hour. Death row inmate Christa Pike survived two failed rounds of Tennessee’s lethal injection protocol on Sept. 30 before the execution was halted. Pike, who was sentenced to death for the 1995 murder of Colleen Slemmer, is receiving medical care in a Nashville hospital. 

Christa Pike: 4 Major Questions As She Returns to Death Row

As Christa Pike returns to death row after surviving Tennessee’s attempt to execute her, several questions remain about her case and what comes next.  Pike, 50, was discharged from hospital and moved back to the Debra K. Johnson Rehabilitation Center, the women’s prison where she was housed for 30 years, her attorneys said on Saturday.  She was hospitalized after surviving 2 doses of the lethal drug pentobarbital as Tennessee attempted to execute her on September 30. Pike was sentenced to death for the 1995 murder of 19-year-old Colleen Slemmer, her classmate at a Job Corps training program in Knoxville, Tennessee. Pike was 18 at the time. 

What Tennessee wants to do next to Christa Pike is beyond grim

Christa Pike, the woman who survived two execution attempts in Tennessee earlier this week, remains hospitalized in critical condition, where presumably medical staff is at work trying to keep her alive.  If she wakes from the coma she had entered, Tennessee officials want to start anew to inject lethal drugs into her seemingly too-small veins to kill her and carry out the state death warrant. Pike also is being treated for “significant injuries to both arms” sustained when two lethal injections of pentobarbital failed to kill her. If she dies, there will be no need to try again.  As we know by now, Tennessee tried to put Pike to death Wednesday night by lethal injection for a murder she committed when she was 18. She would have been the first woman executed in the state in 200 years. 

USA | Firing squad execution to be livestreamed, Pentagon says

The public will be able to watch the execution of a former US Army major by firing squad, US Defence Secretary Pete Hegseth has said. A Defense Department official told the BBC the execution of Nidal Hasan, who shot dead 13 unarmed US soldiers at Fort Hood in 2009, would be livestreamed. It is believed it would be the first public execution in the US in almost a century. The decision to livestream it is "unprecedented in the modern era" and "on uncertain legal terrain", said John Mills, a lawyer who works with inmates sentenced to death.

Florida executes James Robertson

STARKE, Fla. — A Florida prisoner who said he killed his cellmate specifically to get on death row was executed Tuesday, nearly 18 years after the attack. James Robertson, 63, declined to offer any last words before receiving a three-drug injection and was pronounced dead about 10 minutes later. It was a stark contrast to the failed execution of Christa Pike in Tennessee two weeks ago, where she was rushed to the hospital after surviving two lethal doses of pentobarbital.

Tennessee | Christa Pike’s lawyer says she has not regained consciousness since her failed execution

Christa Pike has remained unconscious and on a ventilator at a hospital in the four days since her failed execution in Tennessee, and her prognosis might not be known for days more, one of her lawyers said Sunday. Little has been released about Pike’s condition since Wednesday night’s execution attempt. She has since remained hospitalized under guard as doctors try to get the massive dose of the barbiturate pentobarbital out of her system. When asked whether she ever regained consciousness after the execution attempt, Assistant Federal Defender Stephen Ferrell, Pike’s lawyer, said on CNN’s “State of the Union”: “Not that I am aware of.”

Opinion | I Know Christa Pike’s Medical History. What Tennessee Did Is Unforgivable.

Dr. Zivot is an anesthesiologist and intensive care physician. He consulted on Christa Pike’s case before her attempted execution.   On Wednesday night, Christa Pike lay strapped to a gurney at Riverbend Maximum Security Institution in Nashville while the State of Tennessee injected pentobarbital, a sedative that is lethal in high doses, into her veins. When the 1st dose did not kill her, the execution team gave her a 2nd. At one point, she told the room her arm felt as if it were about to burst. She was nearly correct. More than an hour after the procedure began, an ambulance was called. She was severely injured but still alive. 

After Christa Pike survives lethal injection, America's shameful botched executions

The US is one of the few Western nations that still permits the death penalty, carried out regularly in 27 states. And in a country where regional political culture strongly favours retributive justice, it is no wonder capital punishment remains an enduring part of the American legal system. But following Christa Pike's botched lethal injection last week, fresh questions are being raised over whether executing convicted murderers and rapists outweighs the risks of an innocent person being put to death, or of an execution going so badly that a prisoner is left to die in agony, or even survives the attempt.