Eleanor Finch
The use of execution methods that are constitutional but controversial has led to a decline in the use of the death penalty in the United States. Lethal injection is the most common method of execution, but other methods such as electrocution, lethal gas, and firing squads are also authorized by many states. The Supreme Court has never deemed a method of execution unconstitutional, although some methods have been deemed unconstitutional by state courts. As a result of cases such as Baze, Glossip, and Bucklew, only death penalty methods that demonstrably result in substantial harm relative to alternatives can be challenged as unconstitutional.
| Characteristics | Values |
|---|---|
| Primary methods of execution in the U.S. | Hanging, electrocution, gas chamber, firing squad, lethal injection |
| First method of execution in the U.S. | Hanging |
| First state to adopt lethal injection | Oklahoma, in 1977 |
| First person executed by lethal injection | Charles Brooks, in Texas, on December 2, 1982 |
| States that authorize lethal injection and electrocution | Florida and Tennessee |
| States that use nitrogen gas | Louisiana, Alabama, Oklahoma |
| States that have abolished the death penalty | New Hampshire, Virginia, Delaware, Washington |
| States that have declared capital sentencing procedures unconstitutional | Washington |
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What You'll Learn
Lethal injection is the most common method of execution
Today, every state that has the death penalty authorizes execution by lethal injection. When this method is used, the condemned person is usually bound to a gurney, and a member of the execution team positions several heart monitors on their skin. Two needles (one is a backup) are then inserted into usable veins, usually in the prisoner's arms. Long tubes connect the needles through a hole in a cement block wall to several intravenous drips. The first is a harmless saline solution that is started immediately. Then, at the warden’s signal, a curtain is raised, exposing the prisoner to the witnesses in an adjoining room.
The use of lethal injection has not been without controversy, and there have been several legal challenges to this method of execution. In Baze v. Rees, the petitioner argued that the state's protocol would cause him severe pain because he suffered from a disease that causes vascular tumors, which could rupture upon being injected with the drug that Missouri used in its death penalty protocol. In another case, the Supreme Court held that Oklahoma's use of midazolam in its execution protocol did not violate the Eighth Amendment because challengers failed to present a known and available alternative to the drug.
The primary means of execution in the U.S. have historically included hanging, electrocution, the gas chamber, firing squad, and lethal injection. Hanging was the primary method of execution in the United States until the 1890s, after which states began adopting electrocution as a substitute for hanging, as it was believed to be less painful and more humane.
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Electrocution, lethal gas, and firing squad are other authorized methods
Electrocution, also known as the electric chair, was once the sole method of execution in Nebraska until the state's Supreme Court ruled it unconstitutional in 2008. The process involves shaving the prisoner's head and body and strapping them to a chair with belts. Electrodes are then attached to the prisoner's head, forehead, and leg, and electricity is passed through to induce death.
Lethal gas, another authorized method, was introduced in Nevada in 1924 as a more humane alternative to hanging. Cyanide gas was initially used, but it proved difficult to contain, leading to the construction of gas chambers. Today, some states, including Alabama, Oklahoma, and Louisiana, have authorized the use of nitrogen gas as an alternative to lethal injection. This method, known as "nitrogen hypoxia," involves forcing the prisoner to breathe pure nitrogen, depriving the brain and body of oxygen, and resulting in death by suffocation.
The firing squad, a method with a long history in military and wartime executions, is also authorized in some states. During a firing squad execution, the prisoner is typically blindfolded, hooded, and restrained. The squad, composed of several shooters, fires simultaneously to prevent disruption and to diffuse responsibility. This method was recently reauthorized in Utah as a backup option if lethal injection drugs are unavailable.
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Hanging was the primary method until the 1890s
Hanging was the primary method of execution in the United States until the 1890s. During this time, it was the nearly universal form of execution. The process of hanging involves weighing the prisoner the day before the execution and conducting a rehearsal with a sandbag of the same weight to determine the length of the drop necessary for a quick death. A rope of 3/4-inch to 1 1/4-inch in diameter is boiled and stretched to eliminate spring or coiling. If the rope is too long, decapitation may occur, and if it is too short, strangulation can take up to 45 minutes.
In the late 19th century, states began adopting electrocution as a substitute for hanging. This shift was based on the belief that electrocution was less painful and more humane. As a result, hanging as the primary method of execution began to decline. While hanging is no longer the predominant method of execution, it has not been completely abolished. Even in recent years, some states, like Delaware and Washington, authorized hanging as a method of execution before abolishing the death penalty altogether in 2016 and 2018, respectively.
The evolution of execution methods in the United States has seen a transition from hanging as the primary means to a range of other methods, including electrocution, the gas chamber, firing squad, and lethal injection. Lethal injection has become the most widely used method of execution across states, with every state that retains the death penalty authorizing its use. The shift towards lethal injection can be attributed to the perception that it is a more humane method compared to hanging or electrocution.
While hanging may no longer be the primary method of execution, it remains a reminder of the historical context of capital punishment in the United States. The move away from hanging towards more modern methods reflects a changing societal perspective on what constitutes humane and acceptable forms of execution.
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The death penalty has been abolished in some states
The death penalty is a legal penalty in 27 states in the United States. However, as of 2025, 23 states, the District of Columbia, and Puerto Rico have abolished capital punishment for all crimes.
Michigan was the first English-speaking territory to abolish capital punishment in 1847. Wisconsin followed in 1853, and Maine in 1887. Rhode Island also has a long abolitionist background, repealing the death penalty in 1852, although it was available for murder committed by a prisoner between 1872 and 1984. Minnesota, Vermont, Iowa, West Virginia, and North Dakota abolished the death penalty for murder before Gregg v. Georgia in 1976. Hawaii and Alaska abolished the death penalty in 1948 and 1957, respectively, before their statehood.
More recently, New Hampshire abolished the death penalty in May 2019, but the repeal may not have been retroactive, leaving a prisoner on death row facing possible execution. Virginia became the 23rd state to abolish capital punishment in March 2021, and those on death row at the time had their sentences commuted to life without parole. In October 2018, Washington became the 20th state to abolish capital punishment when its state Supreme Court deemed the death penalty unconstitutional due to racial bias. In 2015, the Connecticut Supreme Court ruled that the repeal must be retroactive, and the New Mexico Supreme Court vacated the death sentences of two prisoners in 2019, ordering that they be resentenced to life in prison.
While lethal injection is the most widely used method of execution, other methods, including electrocution, lethal gas, and firing squads, are also authorized by many states. The Supreme Court has never found a method of execution to be unconstitutional, although some methods have been declared unconstitutional by state courts.
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Some methods have been deemed unconstitutional by state courts
The Supreme Court has never found a method of execution to be unconstitutional, although some methods have been deemed unconstitutional by state courts. For instance, in 2025, a Franklin County Circuit Court ruling found part of Kentucky's execution protocol to be unconstitutional, leading to a decline in the use of the death penalty in the state.
In 2018, the Washington Supreme Court declared its capital sentencing procedures unconstitutional and resentenced all death-row prisoners to life without parole. Similarly, in 2019, New Hampshire abolished the death penalty, and Virginia followed suit in 2021, commuting the sentences of those on death row.
Lethal injection is the most widely used method of execution, and it has been upheld by the Supreme Court in cases challenging lethal injection protocols, such as Glossip v. Gross and Baze v. Rees. However, there have been instances where lethal injection has been deemed unconstitutional by lower courts, leading to the use of alternative methods such as nitrogen gas. In 2024, Louisiana became the second state to execute a prisoner using nitrogen gas, and Alabama authorized its use in 2018.
The use of certain drugs in lethal injection protocols has also been a subject of controversy, with anti-death penalty advocates persuading pharmaceutical companies to stop providing states with certain anesthetics. This has resulted in some states substituting drugs in their protocols, such as the use of midazolam in Oklahoma, which was upheld by the Supreme Court in Glossip v. Gross.
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Frequently asked questions
Lethal injection is the most widely used method of execution in the U.S. and is constitutional. However, some states also authorize other methods, including electrocution, lethal gas, and firing squad.
Hanging was the primary method of execution in the U.S. until the 1890s. In recent years, there have been executions using nitrogen gas, which causes death by suffocation.
There have been legal challenges to lethal injection protocols, arguing that they cause severe pain and violate the Eighth Amendment. In some cases, anti-death penalty advocates have persuaded pharmaceutical companies to stop providing drugs used in lethal injections.
