Skip to main content

The Sordid, Unscientific Story Behind Lethal Injection

A new book by a national expert explores the failures of the United States’ favored execution method.


Texas was the first U.S. state to execute someone by lethal injection, but the idea for the novel method came from Oklahoma. Our northern neighbor was the first to adopt the plan to replace the spectacle of the electric chair with something more palatable for witnesses and the public. Texas was just the first to test it out on a person. 

Since 1982, when state officials injected Charlie Brooks—convicted of murder in Fort Worth—with a lethal cocktail of drugs dreamt up by Oklahoma’s medical examiner but untested in any research setting, Texas has led the country in lethal injections. Secrets of the Killing State: The Untold Story of Lethal Injection (NYU Press, April 2025)—a new book by law professor, former prosecutor, and death penalty expert Corinna Barrett Lain—brings readers into the death chamber to bear disturbing witness to the reality of lethal injection.

The new book pulls back the curtain on the clinical facade and reveals all the places the lethal injection process goes wrong, from the laws to the drugs to the pushing of the plunger on the syringe. It shows how tough-to-implement protocols have backed state corrections departments into a corner, creating a poorly choreographed horror show masquerading as a medical procedure. 

As Lain puts it, lethal injection as we know it is based on “the illusion of science, the assumption of science.” 

The three-drug protocol first used by states (and still used by many) was intended to make sure the person on the gurney died. Extremely high doses of three drugs—each lethal in its own right—would ensure that if one drug failed, one of the other two would surely work. While the specific drugs have varied over time, largely based on availability, the basic game plan persisted.


But this three-drug plan wasn’t reviewed by anyone before Oklahoma adopted it, followed the next day by Texas. Lain argues that every death penalty state that adopted the three-drug plan did so because no one was conducting any research into alternatives. Everyone was simply following the leader. 

“States had come to a consensus in adopting the three-drug protocol, but it was based on the assumption that other states knew what they were doing,” she writes. “They did not.”

Decades after these protocols were put in place, studies showed these drugs were interacting with each other in surprising ways. One drug, meant to stop the heart, was actually weakened by another in the trio, so people weren’t having heart attacks—they were suffocating slowly, Lain writes. Autopsy reports showed that one common drug used as an anesthetic wasn’t saving people from pain, but rather causing it.

This is not to mention what happens when state agencies use the wrong amounts of these drugs, or in some cases, the wrong drugs altogether. Supply chain issues and pharmaceutical companies’ resistance to having their products used off-label in lethal injections have led states to buck regulations in order to get execution drugs. Some states, including Texas, have been caught trying to illegally import the drugs from sketchy sellers.

Texas finally abandoned the three-drug approach in 2012, but not because of the concerns about efficacy or potentially torturous executions. It had just run into supply chain issues with one of the drugs it had previously been using. Now, the state uses a one-drug protocol, injecting prisoners with pentobarbital the same way a veterinarian puts an animal to sleep. 

But by 2020, more evidence had come to light that even this seemingly humane option was causing people to die painfully. The pentobarbital was destroying the lungs, causing people to “drown in their own fluids.” Lain also cites a 2020 report that showed Texas has botched many more executions using this one-drug protocol than it did under the three-drug plan. 

In 2022, Texas prisoners sued because the state was using expired vials of pentobarbital in its executions. A court found that prison officials were violating more than one state law by doing this, but the Texas Court of Criminal Appeals wouldn’t allow that judge to stay any executions because of it. 

The incompetence problem is inherent to the idea that lethal injection, at its core, is less about a humane death, and more about a humane-looking death.

In explaining the legal and clinical aspects of lethal injections, Lain’s writing is far from sterile. She lays out her fact-based narratives in stomach-churning detail, while also plainly sharing her analysis of the facts with readers, often bordering on righteous indignation. At one point, she refers to lethal injection as a “hot mess.” Of a lawyer who suggested an unknown drug be used in executions based on a Google search, she opines: “The incompetence is outstanding.” 

The author talks about incompetence a lot in the book, but she notes that the people who are playing key roles in the executions—the prison guards pushing the syringes, the warden watching to see if anything goes wrong—aren’t meant to have the medical expertise necessary to prevent problems. But most doctors, with their solemn vow to “do no harm,” steer clear of the process. 

Texas' death chamber
The incompetence problem, then, is inherent to the idea itself. Lain argues that lethal injection, at its core, is “less about a humane death, and more about a humane-looking death.” 

It can look humane because most of us don’t know much about the process, and that’s by design. Most of the public information we have about lethal injections comes from court proceedings. Texas doesn’t even conduct post-execution autopsies anymore. 

While the subject of the book is narrow, and often difficult to sit with, the author effectively provides entry points for people who might not normally wade into the death penalty debate. She dives into contract law, supply chains, off-the-books drug deals by state agents, and executions as currency in local politics, among other interesting roads that intersect with lethal injection.

Lain has been researching the death penalty for almost two decades, and she spent five years writing Secrets of the Killing State. In the book, she describes in great detail executions that were botched, cases in which states have been called out by the federal government for violating laws in the name of executions, and accounts from witnesses and participants that struck a nerve. 

“But the point is not the examples; it’s the patterns,” she writes. Here, she’s talking about state secrecy and obfuscation, but it really could be the thesis of the book. She provides a nearly overwhelming amount of evidence—the footnotes take up more than 70 pages—to back up her claim that lethal injection doesn’t provide the humane death it promises. 

“Executions are the government at its most powerful moment, and if we don’t know what is happening in that moment, then we cannot hold the government accountable for what it does and doesn’t do in our name.”

Source: texasobserver.org, Michelle Pitcher, April 8, 2025




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


Comments

Most viewed (Last 7 days)

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

Thomas, Alito and Gorsuch wanted an execution that a Trump judge deemed illegal

The Supreme Court these days is generally in the business of helping executions go forward. But on Thursday night, the court did something notable: It told Alabama no. Even then, the court wasn't unanimous. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented from the refusal to let the nitrogen gas execution of Jeffery Lee proceed. What prompted the rare rejection? In line with the typical shadow docket practice, the court didn't explain itself. Nor did the dissenters, who merely noted their disagreement. But a deeper look at the case helps us understand why a majority of the court was unwilling to help the state this time.

Gov. Mike DeWine calls for Ohio to abolish the death penalty

COLUMBUS, Ohio (WCMH) — Gov. Mike DeWine Tuesday morning called on Ohio to abolish the death penalty, citing data that he said proves it is no longer a deterrent to violent crime. “For the state to take a human life, there must, in my opinion, there must be evidence that in doing so it will help protect the public, that the threat of that action will deter someone from committing murder,” DeWine said. “I do not believe that argument today can be successfully made.” DeWine cited data showing a decline in the last four decades of executions being carried out and an increase in the time inmates spend on death row.

I watched Ohio's last execution. Here's what it was like

As Gov. DeWine calls for Ohio to end capital punishment, the state’s last execution remains the one I witnessed in 2018 Inside Ohio's death house, there is a room for executions and separate witness rooms: one for those connected to the victim and another for those connected to the inmate. Windows separate the death chamber from those watching, the condemned from the living. I was there on July 18, 2018 – during Ohio’s most recent execution. Robert Van Hook was put to death that day for killing David Self in 1985. He sat on death row for three decades. I was one of three media witnesses to the execution.

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order. 

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...

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month.  Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1.  No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week. 

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.