Since the death penalty was reinstated in 1976, 1455 men, women, children, and mentally ill people have been shot, hanged, asphyxiated, lethally injected, and electrocuted by States and the federal government. In over 75 percent of the cases resulting in execution since 1976, the victim was white, although only 50 percent of murder victims nationwide are white. The vast majority of executions in America (81 percent) have been carried out by Southern states.
Lethal injection is the primary method of execution used by all states and the federal government. States use a variety of protocols using one, two, or three drugs. The three-drug protocol uses an anesthetic or sedative, typically followed by pancuronium bromide to paralyze the inmate and potassium chloride to stop the inmate’s heart. The one- or two-drug protocols typically use a lethal dose of an anesthetic or sedative.
In recent years, traditional lethal injection drugs like pentobarbital have become unavailable because manufacturers will not sell them for use in executions. States are responding to a declining supply of lethal injection drugs by engaging in illegal drug imports and sales, buying drugs from largely unregulated compounding pharmacies, and conducting experiments on prisoners by injecting them with never-before-tried quantities and combinations of drugs. Many states have passed or tried to pass secrecy laws to shield them from disclosing to the courts, the prisoners or their lawyers, the media, or the public the source or composition of the drugs or the details of the execution protocols.
Experimental protocols shrouded in secrecy resulted in the dramatically botched executions of three men in the first seven months of 2014 alone. On January 16, Dennis McGuire struggled, made guttural noises, gasped for air and choked for about 10 minutes before being declared dead after Ohio subjected him to a never-before-used two-drug execution method. Oklahoma botched the April 29 execution of Clayton Lockett, who grimaced and writhed on the gurney, clenching his jaw and appearing to be in pain, until officials closed the curtain, called off the execution, and then declared Mr. Lockett dead of an apparent heart attack. Arizona's execution of Joseph Wood in July using a secret experimental drug protocol took more than two hours, during which witnesses reported that he gasped and snorted more than 600 times.
Alabama has executed 60 people since 1976. It consistently has the nation’s highest per capita execution rate. Of the 10 people executed in Alabama since 2010, two were “volunteers” whose mental illness led them to give up their available appeals; three were executed even though their juries or sentencing judge believed they should be sentenced to life imprisonment; one was intellectually disabled but was not allowed to present evidence that would have proved he should have been exempt from execution; and one was killed using a secret combination of drugs after the State of Alabama’s illegally-purchased drugs were confiscated by the DEA.
Alabama is appealing, seeking to kill him, even though courts gave him no chance to present evidence of an unfair trial.
A court stayed Mr. Borden's execution to address questions about Alabama's method of execution.