Skip to main content

Botched Executions Are a Feature, Not a Bug, in America’s Death Penalty System

Botched executions occur with stunning regularity in the United States. Their frequency has increased during the last decade as death penalty states experimented with different lethal injection drugs and drug combinations. Executions are botched when they depart significantly from standard operating procedure or the government’s execution protocol.

From 1890 to 2010 such departures happened in 3% of all the executions carried out in the United States. And the most unreliable and problematic execution method is the one now used most often: lethal injection. In the last decade, 8.4% of all lethal injections have been botched.

Surprisingly, the regularity of botched executions has not yet led American courts, or citizens in states with capital punishment, to conclude that the death penalty should be ended because it violates the 8th Amendment’s ban on “cruel” punishment.

For citizens, this failure is in part attributable to the way botched executions are covered in the news media. Other contributing factors include the concerted efforts of death penalty states to hide information about the drugs they use as well as what happens during an execution. In addition, states have adapted the protocols that govern executions in order to make it harder to identify when departures occur.

A predictable pattern plays out in the media following mishaps in execution chambers across the United States. Defense lawyers and media witnesses describe, often in great detail, grisly scenes of prolonged, painful executions.

But, often in the same article or report, side-by side with those disturbing descriptions, spokespersons for the state explain away any anomalies and claim that everything went according to plan.


This pattern was on display following John Marion Grant’s October 28 botched execution in Oklahoma.

Media witnesses detailed what they saw when the lethal drugs began flowing. Grant started to convulse and vomit. His convulsions continued until the second and third drugs in Oklahoma’s protocol paralyzed him and stopped his heart.

But as a report in Newsweek noted, “The account of Grant’s execution from reporters who witnessed it differed dramatically from the version offered by the state Department of Corrections—a spokesman said it ‘was carried out in accordance with Oklahoma Department of Corrections’ protocols and without complication.’”

Newsweek quoted law professor Deborah Denno, who said, “It’s so typical for the Department of Corrections to say that what happened in the course of the botched execution… is normal procedure.”

Following Grant’s execution, Oklahoma Governor Kevin Stitt released a statement that made no reference to any problems during Grant’s execution. “Today,” Stitt said, “the Department of Corrections carried out the law of the State of Oklahoma and delivered justice to Gay Carter’s [the person Grant was convicted of killing] family.”


The kind of reporting found in Newsweek’s coverage of Grant’s execution is what journalism professor David Mindich labels the “seesaw” model of objectivity. “The idea here,” he explains, “is that journalists can find truth by offering two competing truth claims.” When covering a controversial subject like botched executions, the journalist is obliged to gather quotations from two sides of the issue to satisfy the demand of objectivity.

Today, in the wake of any mishap in the death chamber, different perspectives vie for preeminence in news coverage. Defense lawyers, media witnesses, and death penalty opponents are all given a voice, which is almost always counteracted with reassurances offered by state actors. The sequence matters, as if the reassurances of the state have greater merit than the narrative of those who witnessed the pain and suffering of the condemned.


In most cases, a debate is staged—but a resolution is not offered. This “balanced” approach to reporting can also leave readers to believe that what really happened in the execution chamber is simply a matter of interpretation and conflicting perspectives.

Secrecy also complicates the effort to identify what goes wrong and why problems occur during executions. Of course, some kinds of secrecy have almost always been part of executions, from masked executions to limits on what witnesses are allowed to see.

But during the last decade, efforts to conceal crucial aspects of the execution process have escalated. As the Death Penalty Information Center reports, “Since January 2011, legislatures in thirteen states have enacted new secrecy statutes that conceal vital information about the execution process. Of the seventeen states that have carried out 246 lethal-injection executions between January 1, 2011 and August 31, 2018, all withheld at least some information about the execution process. All but one withheld information about the source of their execution drugs.”

The DPIC chronicles new efforts that are being made in death penalty states to hide what happens during an execution. “Fourteen states prevented witnesses from seeing at least some part of the execution. Fifteen prevented witnesses from hearing what was happening inside the execution chamber. None of the seventeen allowed witnesses to know when each of the drugs was administered. This retreat into secrecy has occurred at the same time that states have conducted some of the most problematic executions in American history.”

Indeed, on the day of Grant’s execution, Oklahoma refused his lawyer’s request to know the precise drugs that would be used to put him to death and the identity of the drug suppliers. It said that such information was “subject to absolute protection/non-disclosure” under Oklahoma law.

In addition to increased secrecy, death penalty states react to problems that occur during executions by making the regulations and protocols that govern those executions less specific. They explicitly or implicitly authorize officials to exercise discretion by introducing greater ambiguity in the language governing crucial parts of their protocols.

For example, even as some death penalty states have added more checks to ensure that IVs are working, they also have allowed executioners to attempt to set lines for longer periods of time and in more places on the inmates’ bodies. They have done so by requiring that officials act in a “reasonable” manner, but without defining what counts as reasonable. Ohio’s procedure, exemplifying the language used in many post-2010 death penalty protocols, allows its IV team to “make such a number of attempts to establish an IV site as may be reasonable (emphasis added).”

States also have added ambiguity to the amount of time an execution is supposed to take. No state procedures now specify a maximum time that should pass between injection and death. As a result, lethal injection’s critics cannot point to a specific regulation in order to hold states accountable for long and painful executions.

While botched executions like Grant’s continue to occur, and while states have imposed new barriers to prevent exposure of those breakdowns in their death penalty systems, American courts have stood by indifferently or actively acquiesced in those developments. They treat botched executions as unavoidable accidents for which no one can be held accountable. And they defer to state decisions about what the public can know about the executions carried out in its name.

But both judges and citizens need to recognize that botched executions, like Grant’s, are not mistakes. As Denno notes, “It’s a predictable pattern…and they’ll happen again.”

The only way to break that pattern is to stop altogether the ghastly practice of using death as a punishment.

Source: verdict.justia.com, Austin Sarat, November 8, 2021. Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.


🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Louisiana's First Nitrogen Execution Reflects Broader Method Shift

Facing imminent execution by lethal gas earlier this week, Jessie Hoffman Jr. — a Louisiana man convicted of abducting, raping and murdering a 28-year-old woman in 1996 — went to court with a request: Please allow me to be shot instead. In a petition filed with the U.S. Supreme Court on March 16 seeking a stay of his execution by nitrogen hypoxia, a protocol that had yet to be tested in the state, Hoffman requested execution by firing squad as an alternative.

Bangladesh | Botswana Woman Executed for Drug Trafficking

Dhaka, Bangladesh – Lesedi Molapisi, a Botswana national convicted of drug trafficking, was executed in Bangladesh on Friday, 21 March 2025. The 31-year-old was hanged at Dhaka Central Jail after exhausting all legal avenues to appeal her death sentence. Molapisi was arrested in January 2023 upon arrival at Hazrat Shahjalal International Airport in Dhaka, where customs officials discovered 3.1 kilograms of heroin hidden in her luggage. Following a trial under Bangladesh’s Narcotics Control Act, she was sentenced to death in May 2024. Her execution was initially delayed due to political unrest in the country but was carried out last week.

Oklahoma executes Wendell Grissom

Grissom used some of his last words on Earth to apologize to everyone he hurt and said that he prays they can find forgiveness for their own sake. As for his execution, he said it was a mercy. Oklahoma executed Wendell Arden Grissom on Thursday for the murder of 23-year-old Amber Matthews in front of her best friend’s two young daughters in 2005.  Grissom, 56, was executed by lethal injection at the Oklahoma State Penitentiary in McAlester and pronounced dead at 10:13 a.m. local time, becoming the first inmate to be put to death by the state in 2025 and the ninth in the United States this year. 

Louisiana executes Jessie Hoffman Jr.

Louisiana used nitrogen gas Tuesday evening to execute a man convicted of murdering a woman in 1996, the 1st time the state has used the method, a lawyer for the condemned man said.  Jessie Hoffman Jr., 46, was put to death at the Louisiana State Penitentiary, defense lawyer Cecelia Kappel said in a statement. He was the 1st person executed in the state in 15 years, and his death marked the 5th use of the nitrogen gas method in the US, with all the rest in Alabama.  Hoffman was convicted of the murder of Mary "Molly" Elliott, a 28-year-old advertising executive. At the time of the crime, Hoffman was 18.

Supreme Court rejects appeal from Texas death row inmate

WASHINGTON (AP) — The Supreme Court on Monday rejected an appeal from a Texas death row inmate whose bid for a new trial drew the support of the prosecutor’s office that originally put him on death row. The justices left in place a Texas appeals court ruling that upheld the murder conviction and death sentence for Areli Escobar, even though Escobar’s case is similar to that of an Oklahoma man, Richard Glossip, whose murder conviction the high court recently overturned.

South Carolina | Spiritual adviser of condemned inmate: 'We're more than the worst thing we've done'

(RNS) — When 67-year-old Brad Sigmon was put to death on March 7 in South Carolina for the murder of his then-girlfriend's parents, it was the first time in 15 years that an execution in the United States had been carried out by a firing squad. United Methodist minister Hillary Taylor, Sigmon's spiritual adviser since 2020, said the multifaceted, months long effort to save Sigmon's life, and to provide emotional and spiritual support for his legal team, and the aftermath of his execution has been a "whirlwind" said Taylor, the director of South Carolinians for Alternatives to the Death Penalty.

Florida executes Edward James

Edward James received 3-drug lethal injection under death warrant signed in February by governor Ron DeSantis  A Florida man who killed an 8-year-old girl and her grandmother on a night in which he drank heavily and used drugs was executed on Thursday.  Edward James, 63, was pronounced dead at 8.15pm after receiving a 3-drug injection at Florida state prison outside Starke under a death warrant signed in February by Governor Ron DeSantis. The execution was the 2nd this year in Florida, which is planning a 3rd in April. 

Texas Death Row chef who cook for hundreds of inmates explained why he refused to serve one last meal

Brian Price would earn the title after 11 years cooking for the condemned In the unlikely scenario that you ever find yourself on Death Row, approaching your final days as a condemned man, what would you request for your final meal? Would you push the boat out and request a full steal dinner or play it safe and opt for a classic dish such as pizza or a burger? For most of us it's something that we'll never have to think about, but for one man who spent over a decade working as a 'Death Row chef' encountering prisoner's final requests wasn't anything out of the ordinary.

'No Warning': The Death Penalty In Japan

Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite criticism over how it is carried out. Tokyo: Capital punishment in Japan is under scrutiny again after the world's longest-serving death row prisoner, Iwao Hakamada, was awarded $1.4 million in compensation this week following his acquittal last year in a retrial. Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite international criticism over how it is carried out.

South Carolina plans to carry out a firing squad execution. Is it safe for witnesses?

South Carolina plans to execute a man by firing squad on March 7, the first such execution in the state and the first in the nation in 15 years. But firearms experts are questioning whether South Carolina's indoor execution setup is safe for the workers who will shoot the prisoner and the people who will watch. Photos released by the South Carolina Department of Corrections show that the state intends to strap the prisoner, Brad Sigmon, to a metal seat in the same small, indoor brick death chamber where South Carolina has executed more than 40 other prisoners by electric chair and lethal injection since 1985.