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A Dark Shadow: The Intensification and Expansion of Lethal Injection Drug Secrecy Cover

A Dark Shadow: The Intensification and Expansion of Lethal Injection Drug Secrecy

By: Austin Sarat,  Theo Dassin and  Aidan Orr  
Open Access
|Apr 2023

Abstract

Over the last decade, many death penalty states in the United States have enacted secrecy laws shielding the identity of lethal injection drug suppliers and executioners. Death penalty defense lawyers, legislators, and scholars have examined the constitutionality and efficacy of these laws. However, little attention has been paid to the history of death penalty secrecy and its relationship to existing secrecy statutes. This article analyzes that history and relationship. It describes a surprising pattern of openness and transparency about the identities of executioners and others involved in America's capital punishment process. Current lethal injection secrecy laws break with that pattern and cast a virtually unprecedented shadow over the execution process. This article concludes by assessing the consequences of the recent intensification and expansion of execution secrecy.

DOI: https://doi.org/10.2478/bjals-2023-0006 | Journal eISSN: 2719-5864 | Journal ISSN: 2049-4092
Language: English
Page range: 1 - 26
Published on: Apr 29, 2023
Published by: Birmingham City University
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2023 Austin Sarat, Theo Dassin, Aidan Orr, published by Birmingham City University
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.