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)

China executes 11 members of gang who ran billion-dollar criminal empire in Myanmar

China has executed 11 members of the notorious Ming family criminal gang, who ran mafia-like scam centers in Myanmar and killed workers who tried to escape, Chinese state media reported on Thursday.  The Ming family was one of the so-called 4 families of northern Myanmar — crime syndicates accused of running hundreds of compounds dealing in internet fraud, prostitution and drug production, and whose members held prominent positions in the local government and militia aligned with Myanmar’s ruling junta. 

Florida | Man convicted of leaving girl to be eaten by gators avoids death penalty

After about 4 hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock.  A South Florida man who dropped off a 5-year-old child in the Everglades to be eaten alive by gators nearly 3 decades ago was given a second chance at life as jurors recommended he should spend the rest of his life behind bars instead of being sent to death row. After about four hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock. 

Federal Judge Rules Out Death Penalty for Luigi Mangione in UnitedHealth CEO Killing

NEW YORK — A federal judge has dismissed two charges against Luigi Mangione, the man accused of assassinating UnitedHealthcare CEO Brian Thompson, effectively removing the possibility of the death penalty in the high-profile case.  U.S. District Judge Margaret Garnett ruled Friday that the murder charge through use of a firearm — the only count that could have carried a capital sentence — was legally incompatible with the remaining interstate stalking charges against Mangione.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Death toll in Iran protests could exceed 30,000

In an exclusive report, the American magazine TIME cited two senior officials from the Iranian Ministry of Health, who stated that the scale of the crackdown against protesters on January 18 and 19 was so widespread that 18-wheeler trailers replaced ambulances. In its report, based on testimony from these two high-ranking officials, TIME revealed statistics that differ vastly from the official narrative of the Islamic Republic.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Florida's second execution of 2026 scheduled for February

Florida’s second execution of 2026, a man convicted of killing a grocery story owner, will take place in February. Gov. Ron DeSantis signed the death warrant Jan. 23 for Melvin Trotter, 65, to die by lethal injection Feb. 24.  Florida's first execution will take place just a few weeks earlier when Ronald Palmer Heath is set to die Feb. 10. Trotter was convicted of first-degree murder and sentenced to death in 1987 for strangling and stabbing Virgie Langford a year earlier in Palmetto. 

China executes another four members of powerful Myanmar-based crime family

China has executed another four members of a powerful Myanmar-based crime family that oversaw 41 pig butchering scam* compounds across Southeast Asia.   The executed individuals were members of the Bai family, a particularly powerful gang that ruled the Laukkai district and helped transform it into a hub for casinos, trafficking, scam compounds, and prostitution.  China’s Supreme People’s Court approved the executions after 21 members were charged with homicide, kidnapping, extortion, operating a fraudulent casino, organizing illegal border crossings, and forced prostitution. The court said the Bai family made over $4 billion across its enterprise and killed six Chinese citizens.