Skip to main content

USA | It Is Time to End the Lethal Injection Mess

On June 23, amidst all furor over its gun rights and abortion decisions, the Supreme Court handed down a little noticed death penalty decision, Nance v Ward. In that case, a five-Justice majority ruled that death row inmates could file suits using 42 U.S.C. Section 1983, a federal law that authorizes citizens to sue in federal court for the deprivation of rights, to bring suit alleging that an execution method violated the Eighth Amendment.

Michael Nance, who was sentenced to death in 2002, will now be able to proceed with his suit contesting Georgia’s plan to execute him by lethal injection.

Nance suffers from medical conditions that have compromised his veins. To use lethal injection, the only execution method now authorized by state law, prison authorities would have to “cut his neck” to establish an intravenous execution line. He also claims that his long-time use of a drug for back pain would diminish the effect of the sedative used in Georgia’s drug cocktail. Nance alleges that under such conditions lethal injection would be “torturous.”

He asks to be executed by a firing squad.

Nance’s objection to lethal injection might seem idiosyncratic and limited to his individual circumstances. But it is just the latest sign of lethal injection’s crippling problems.

As my collaborators and I point out in our new book Lethal Injection and the False Promise of Humane Execution, what was once thought to be this country’s most humane execution method has turned out to be its most problematic. As a result, death row inmates across the country are challenging the constitutionality of lethal injection and, where they have an option, choosing to die by other methods like the electric chair or the firing squad.

That litigation has helped surface lethal injection’s ongoing and irreparable problems.

As Elizabeth Bruenig, a staff writer at The Atlantic, notes, “In some states, evidence that lethal injection is inhumane has already led to de facto shutdowns of execution chambers—California, for instance, hasn’t attempted an execution since a sprawling 2006 method-of-execution lawsuit unearthed disturbing facts about the state’s protocol.”

It is time to for death penalty states to follow California’s example, end execution by lethal injection, and bring the machinery of death to a halt.

Lethal injection’s problems are nothing new. They have been present from its initial authorization in Oklahoma in 1977 and its first use in Texas’s 1982 execution of Charles Brooks.

Its development was anything but scientific, more the product of hunch and seat-of-the-pants judgments than careful study. The original sponsors of lethal injection in Oklahoma weren’t sure how to draft the authorizing legislation and describe how it would kill. They needed advice—what drugs should be used? And how should they be administered?

The sponsors went from one medical practitioner to another seeking help imagining what lethal injections should look like in the United States. They were repeatedly rebuked.

Ultimately, A. Jay Chapman, the state’s chief medical examiner, agreed to work with them. He believed that lethal injection would be less violent and gruesome than the electric chair. However, Chapman conceded that he was “an expert in dead bodies but not an expert in getting them that way.”

Undaunted by his lack of expertise, Chapman offered a blueprint for Oklahoma’s lethal injection law. When asked why he selected a three-drug combination of an anesthetic, a paralytic agent, and a drug to stop the heart, Chapman admitted that “[he] didn’t do any research” and “just knew from having been placed under anesthesia [himself] what [the execution] needed.”

Although Chapman was neither an anesthesiologist nor a toxicologist, the Oklahoma statute copied his proposal almost word-for-word and helped make it the model for almost all lethal injection statutes in the states that reinstated the death penalty.

From its introduction until 2009, every execution by lethal injection was carried using Chapman’s 3-drug protocol. Nonetheless, during that same period, more lethal injections were botched than had been true of any other method of execution in American history.

Lethal injection’s problems accelerated after 2009 when pharmaceutical companies refused to supply the drugs needed for the 3-drug cocktail.

Increasingly desperate to find ways to obtain drugs necessary for their executions, death penalty states began to experiment with new drugs and untried drug combinations.

By the end of 2020, they had used at least ten distinct drug protocols in their executions. Some used barbiturate combinations, others used barbiturate overdoses, and still others used sedative combinations. Some of those protocols were used multiple times, while some were used just once.

Even so, the traditional 3-drug protocol was all but forgotten. After a decade of experimentation, all that remained of the original lethal injection paradigm is a needle in the inmate’s arm and a declaration of death.

In my research on lethal injection, I found that between 2010 and 2020, 8.4 percent of lethal injection executions were botched. In sedative combination executions, the rate skyrocketed to 22.4 %. Some of those gruesome spectacles, like Oklahoma’s 2014 execution of Clayton Lockett and Arizona’s execution of Joseph Wood, made national headlines.

Other research carried out by National Public Radio found signs of pulmonary edema—fluid filling the lungs—in 84 % of the 216 post-lethal injection autopsies it reviewed. Some autopsies reveal that inmates’ lungs filled while they continued to breathe, which would cause them to feel as if they were drowning and suffocating.

Given lethal injection’s record, it is no wonder that Michael Nance, and other death row inmates, want to die by some other means.

Summarizing lethal injection’s history in a 2014 opinion, former Ninth Circuit Court of Appeals Judge Alex Kozinski got it right when he said of execution by lethal injection that “the enterprise is flawed.”

As Kozinski explained, “Using drugs meant for individuals with medical needs to carry out executions is a misguided effort to mask the brutality of executions by making them look serene and peaceful. … But executions are, in fact, nothing like that. They are brutal, savage events, and nothing the state tries to do can mask that reality. Nor should it. If we as a society want to carry out executions, we should be willing to face the fact that the state is committing a horrendous brutality on our behalf.”

Ending the lethal injection mass and acknowledging the “horrendous brutality” of any method of execution should foretell the end of the death penalty itself.

Source: verdict.justia.com, Austin Sarat, June 27, 2022. Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. Views expressed do not represent 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)

Texas | Death Sentence Overturned After 48 Years

The Court of Criminal Appeals ruled Thursday that Clarence Jordan’s punishment was unconstitutional  A death sentence handed down by a Harris County jury in 1978 was overturned Thursday by the Court of Criminal Appeals.  Clarence Jordan, 70, has been on Texas Death Row for almost 50 years, serving out one of the longest death sentences in the nation while suffering from intellectual disabilities and schizophrenia, his attorney told the Houston Press. 

Florida | Tampa Bay man who killed wife, 3 family members sentenced to die

Shelby Nealy will be executed by the state for bludgeoning his wife’s family to death in 2018, a judge decided Friday. During a two-week sentencing trial in July, jurors heard how Nealy, 32, ended a volatile relationship with his second wife by killing her, then murdered her parents and brother a year later in an effort to never be caught. He pleaded guilty to the crimes in 2023. On July 25, the jury of three men and nine women deliberated for about two hours and voted 11-1 that Nealy should be sentenced to death. He stared straight ahead as the verdict was read.

US AG Authorizes Federal Prosecutors to Seek Death Penalty for Three LA Gangsters Charged with Murder

Acting U.S. Attorney General Todd Blanche has directed federal prosecutors in Los Angeles to seek the death penalty against three members of a transnational street gang charged with murdering a former gang member who was cooperating with law enforcement on a racketeering and methamphetamine trafficking case, officials announced Thursday. In a letter to First Assistant U.S. Attorney Bill Essayli on Wednesday, Blanche told prosecutors in the Central District of California they are “authorized and directed” to seek the death penalty against Dennis Anaya Urias, 27, Grevil Zelaya Santiago, 26, and Roberto Carlos Aguilar, 31. All are from South Los Angeles.

Texas appeals court says another man's confession not enough to reconsider Broadnax execution

The Texas Court of Criminal Appeals said Tuesday it won't consider another man's confession as a reason to pause a scheduled lethal injection in three weeks. James Broadnax was convicted of murdering two Christian music producers in Garland, but his cousin, Demarius Cummings, recently confessed that he was the shooter. University of Texas School of Law Capital Punishment Clinic professor Jim Marcus said the appeals court acts as a gatekeeper for cases meeting criteria to get back in court.

Florida Schedules Two Executions for Late April

TALLAHASSEE, Fla. — Governor Ron DeSantis has directed the Florida Department of Corrections to move forward with two executions scheduled for late April 2026, marking a significant ramp-up in the state's use of capital punishment. The scheduled deaths of Chadwick Willacy and James Ernest Hitchcock follow a series of landmark judicial rulings that have kept both men on death row for decades.

Saudi Arabia | Seven executed for drug trafficking

Saudi authorities executed seven people who had been convicted of drug trafficking in a single day, state media says. The Saudi Press Agency says five Saudis and two Jordanians were found guilty of trafficking amphetamine pills into the kingdom. “The death penalty was carried out as a discretionary punishment against the perpetrators,” the agency reports, adding that the executions took place on Sunday in the Riyadh region. Since the beginning of 2026, Riyadh has executed 38 people in drug-related cases, the majority of the 61 executions carried out, according to an AFP tally based on official data.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Former FedEx driver pleads guilty to killing 7-year-old girl after making delivery at her Texas home

FORT WORTH, Texas — Tanner Lynn Horner, a former contract delivery driver for FedEx, pleaded guilty Tuesday to the 2022 capital murder and aggravated kidnapping of 7-year-old Athena Strand, a move that abruptly shifted the proceedings into a high-stakes punishment phase where jurors will decide between life imprisonment and the death penalty. Horner, 34, entered the plea in a Tarrant County courtroom as his trial was set to begin. The case was moved to Fort Worth from neighboring Wise County last year after defense attorneys argued that pretrial publicity would prevent a fair trial in the community where the girl disappeared.

North Carolina | “Incapable to proceed”: man who killed Ukrainian refugee Iryna Zarutska ruled incompetent

DeCarlos Brown, accused of stabbing Ukrainian refugee Iryna Zarutska on a Charlotte train, has been found mentally unfit for trial, stalling death penalty proceedings. DeCarlos Brown Jr., accused of fatally stabbing 23-year-old Ukrainian refugee Iryna Zarutska on a Charlotte light rail train in August 2025, has been found mentally incapable of standing trial, according to a court motion filed 7 April in Mecklenburg Superior Court. A 29 December 2025 report from Central Regional Hospital, a state psychiatric facility in Granville County, concluded that Brown was "incapable to proceed to trial," according to the motion filed by his attorney, Daniel Roberts. The evaluation was ordered after Brown's defense raised concerns about his mental state.

China executes Frenchman convicted in 2010 for drug trafficking

Chan Thao Phoumy, a 62-year-old Frenchman born in Laos, was executed, “despite the efforts of the French authorities, including efforts to obtain a pardon on humanitarian grounds for our compatriot”, said a foreign ministry statement. Phoumy, who was born in Laos, had been sentenced to death in 2010 following a conviction for drug trafficking. Despite sustained diplomatic pressure and formal requests for clemency on humanitarian grounds, Chinese authorities proceeded with the capital sentence.  A massive drug manufacturing and distribution operation Chan Thao Phoumy was convicted for his involvement in a massive drug manufacturing and distribution operation that remains one of the largest drug-related cases in Chinese history. Phoumy and his accomplices were convicted of manufacturing approximately 8 tons of crystal methamphetamine between 1999 and 2003.