Lethal injection under fire: drug shortages and court challenges are causing lawmakers to review their states' method of execution.

AuthorWidgery, Amber
PositionCAPITAL PUNISHMENT

Utah lawmakers recently passed a law allowing the use of firing squads when lethal injection drugs aren't available. It was a solemn decision that the Legislature took very seriously, says Utah Senator Curt Bramble (R). Lawmakers looked at secondary methods, he says, because "those who oppose capital punishment have been very successful at mounting opposition within the pharmaceutical industry to reduce the availability of lethal injection drugs."

Other states are considering alternative methods and different drugs as well, and some states have turned to compounding pharmacies to obtain drugs that are no longer available for sale elsewhere.

Lethal injection is currently the primary method of execution in all 32 states that have capital punishment. Texas was the first state to use the method, in 1982.

In a 2008 case, Baze v. Rees, the U.S. Supreme Court approved a three-drug combination of (1) sodium thiopental, a sedative that induces unconsciousness, (2) pancuronium bromide, a muscle relaxer that induces paralysis, stopping respiration, and (3) potassium chloride, which causes cardiac arrest.

This was the same three-drug combination that was used in the first lethal injection execution, and at the time of the Baze opinion 30 states were using that exact mixture. The Court's opinion also made it apparent that "substantially similar" drug combinations would be legally acceptable.

A Dwindling Supply

In 2011, the sole manufacturer of sodium thiopental tried to transfer production of the drug to Europe. European authorities opposed the use of the drug in executions and the company stopped production. When supplies of sodium thiopental expired or ran out, states turned to new drugs, like pentobarbital. To date, 14 states have used pentobarbital in executions, but the owner of pentobarbital subsequently cut off state access to that drug when they discovered it was being used by states for executions.

Georgia, Missouri, South Dakota and Texas have since turned to compounding pharmacies to obtain pentobarbital or substitutes. In Ohio, the Department of Rehabilitation and Correction modified the state's execution policy to allow the use of drugs from a compounding pharmacy. And in 2014, the Ohio General Assembly passed legislation to protect the confidentiality and licensing of pharmacies or people involved in lethal injection procedures.

Other states have enacted similar confidentiality laws that have been the frequent subject of litigation. In...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT