If you want to understand the current state of execution in the United States, you have to look at a map from 1999 and compare it to one from today. It’s a completely different world. Back then, the death penalty was basically a political untouchable. It was the "tough on crime" era, and executions were happening at a clip of nearly one every few days. Fast forward to now, and things are... messy. We’re seeing a weird, fragmented reality where some states are doubling down on new methods like nitrogen gas while others haven't used their death chambers in decades.
It's not just about ethics. It's about logistics, too.
The Reality of Execution in the United States Today
The numbers don't lie. Execution in the United States has been on a long, steady decline since it peaked at 98 executions in 1999. By 2023, that number had dropped to 24. That’s a massive shift. Why? Because the machinery of the death penalty is breaking down.
A huge part of this is the "drug problem." No, not that kind. I’m talking about the pharmaceutical companies. Major manufacturers—think Pfizer or Hikma—basically told the government they didn't want their products used to kill people. It’s bad for the brand. This created a massive shortage of sodium thiopental and pentobarbital. States started scrambling. They tried to get drugs from compounding pharmacies or even overseas, which led to a wave of lawsuits about "cruel and unusual punishment" under the Eighth Amendment.
The Shift to Nitrogen Hypoxia
Since they couldn't get the drugs, states like Alabama started looking for alternatives. Enter nitrogen hypoxia. This is basically making someone breathe pure nitrogen until they pass out and die from lack of oxygen. Alabama used it for the first time on Kenneth Smith in January 2024.
People were freaking out. Some experts said it would be painless; others, like the UN high commissioner for human rights, warned it might be torture. The actual execution took longer than some expected, with reports of Smith shaking on the gurney. Now, states like Oklahoma and Mississippi are watching closely. They've already authorized it as a backup method.
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Where It’s Actually Happening
Not all states are created equal here. Honestly, if you look at the data from the Death Penalty Information Center (DPIC), most of the activity is concentrated in a tiny handful of places. Think Texas, Florida, Missouri, and Oklahoma.
Texas is the heavy hitter. They've carried out more executions than any other state since the Supreme Court reinstated the death penalty in 1976 (the Gregg v. Georgia decision). But even in Texas, juries are handing out fewer death sentences. They’re opting for Life Without Parole (LWOP) instead. It’s cheaper, it’s final, and it avoids the 20-year appeals process that drives taxpayers crazy.
The "Death Row Phenomenon"
Have you heard of this? It’s the psychological toll of waiting. In the US, the average time between sentencing and execution is over 20 years. That’s two decades in a 6x9 cell. Critics call it a double punishment. Supporters say it’s necessary to ensure we aren’t killing innocent people.
The innocence factor is the big one. It's the "trump card" in the debate. Since 1973, at least 196 people have been exonerated from death row. That is a terrifying number. Think about Kirk Bloodsworth, the first person exonerated by DNA evidence. He spent nine years in prison, two of them on death row, for a crime he didn't commit. When people realize the system can be that wrong, they start to lose faith in the whole process of execution in the United States.
The Money Trial
It’s expensive to kill people. That sounds counterintuitive, right? You’d think a rope or a needle is cheaper than feeding someone for 50 years. You’d be wrong.
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Legal fees are the primary driver. Because the stakes are literally life and death, the constitution requires a "heightened standard of due process." This means more experts, more investigators, and way more hours for lawyers. A study in Oklahoma found that capital cases cost, on average, 3.2 times more than non-capital cases. In California, they’ve spent over $4 billion on the death penalty system since 1978, but they’ve only executed 13 people in that timeframe. Governor Gavin Newsom finally just dismantled the death row at San Quentin because the math didn't add up anymore.
Public Opinion Is Flipping
For a long time, Americans overwhelmingly supported the death penalty. But that's changing. Gallup has been tracking this for decades. While a slim majority still technically "favors" it for convicted murderers, that support drops significantly when you give people the choice of life in prison without parole.
Younger generations—Gen Z and Millennials—are much less likely to support execution in the United States compared to Boomers. They tend to view it through the lens of racial bias and systemic failure. Data shows that if the victim is white, the defendant is significantly more likely to get the death penalty than if the victim is Black. It’s a systemic issue that's hard to ignore.
The Federal Factor
The federal government is a whole other story. For years, the federal death penalty was mostly dormant. Then, in the final months of the Trump administration, they went on a "spree," executing 13 people in a very short window. It was the first time the feds had executed more people than all the states combined in a single year.
Then Biden came in. He’s the first president to openly oppose the death penalty while in office. His Department of Justice, led by Merrick Garland, put a moratorium on federal executions. But—and this is a big "but"—they haven't stopped seeking the death penalty in some cases, like the Buffalo supermarket shooter. It’s a conflicting message.
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The Practical Side: What’s Next?
If you're following this topic, you need to watch the courts. Specifically, the "Shadow Docket" of the Supreme Court. Lately, the SCOTUS has been lifting stays of execution in the middle of the night, often without a full written opinion. This has made the legal landscape incredibly unpredictable for defense attorneys.
What to Watch For
- State Legislatures: Look at states like Ohio. Governor Mike DeWine has expressed serious concerns about the "clogged" system. More states might move toward formal abolition or at least an official moratorium.
- The Supreme Court: Keep an eye on cases regarding "method of execution." If nitrogen hypoxia gets tied up in the courts, states might have to go back to the drawing board again.
- The 2024 and 2028 Elections: The federal stance on the death penalty is entirely dependent on who is in the White House. A change in administration usually means a total reversal of DOJ policy.
Execution in the United States isn't going away tomorrow, but it is becoming a rarity. It’s moving from a mainstream criminal justice tool to a "geographic fluke." Whether you live in a state that uses it or not often matters more than the crime itself.
Actionable Steps for Staying Informed
If you want to track this issue accurately, avoid the sensationalist headlines and go straight to the sources that the experts use.
- Monitor the DPIC Annual Reports: Every December, the Death Penalty Information Center releases a year-end report. It’s the gold standard for data on sentencing, executions, and stays.
- Check State-Specific dockets: If you're in a "high-activity" state like Florida or Texas, follow the state Supreme Court's rulings on "lethal injection protocols." These rulings often fly under the radar but determine how the process actually functions.
- Audit the "Innocence List": Familiarize yourself with the criteria for exoneration. Understanding why cases fail—usually due to official misconduct or junk science—gives you a much clearer picture of why the system is slowing down.
- Follow the money: Look at your own state’s budget for capital appeals. Most people are shocked when they see the line items for "indigent defense" in capital cases compared to the actual number of executions carried out.
The conversation about the death penalty is no longer just a moral debate; it’s a logistical and financial one. The "machinery of death," as Justice Harry Blackmun famously called it, is getting older, more expensive, and harder to maintain every year.