The Imitation Game: States and Execution Methods

In the United States, states often look to each other when considering new policies. Political scientist David Schultz argues that this imitation sometimes leads to successful policies, but more often it results in failures. States tend to adopt policies from others without verifying their effectiveness. This pattern is evident in the case of the death penalty.

The history of execution methods in the U.S. shows a clear pattern of imitation among states. For example, when New York adopted the electric chair in 1888, it set a precedent. Despite a gruesome execution in 1890, other states soon followed New York’s example. Ohio, Massachusetts, New Jersey, and Virginia switched from hanging to electrocution between 1897 and 1908. Electrocution quickly became the dominant execution method nationwide.

Lethal injection followed a similar trajectory. Oklahoma authorized it in 1977, and Texas first used it in 1982. This led to widespread adoption across other states.

Today, nitrogen hypoxia is the latest execution method gaining traction. Oklahoma first adopted it in 2015. Alabama, Arkansas, Louisiana, and Mississippi have since legalized it. Alabama conducted the first nitrogen hypoxia execution in January 2024. However, reports indicate serious issues, such as spasms and distress during the execution of Kenneth Smith.

Louisiana recently decided to use nitrogen hypoxia, mirroring Alabama’s procedure. A lawsuit claims Louisiana plans to execute Todd Wessinger using this method for a crime in 1995. Wessinger argues nitrogen hypoxia presents a significant risk of severe pain. The Eleventh Circuit Court of Appeals has already highlighted problems with Alabama’s execution protocol.

The lawsuit suggests Louisiana followed Alabama’s problematic protocol closely. It aims to highlight the flaws in blindly imitating unverified policies. Schultz describes states as factories of replication, rather than innovators. Todd Wessinger’s situation exemplifies the dangers of failed policy replication.