Historically, executions have occurred under public observation, ranging from hanging in town squares to lethal injections observed by the press. However, this will not be the case on Wednesday in Indiana, where Joseph Corcoran is scheduled to face execution via lethal injection devoid of independent media witnesses.
This lack of transparency stems from state regulations that shield certain details regarding the death penalty. Critics, including experts in the field and advocates for First Amendment rights, argue that the absence of oversight in such a grave matter is concerning. Media witnesses are essential in documenting executions, providing the community with unbiased, first-hand accounts of the process, according to Robin Maher, the executive director of the Death Penalty Information Center.
Maher stated, “Media ensures government accountability and transparency in an otherwise closed and secretive process.” The exclusion of media representatives raises significant concerns about the officials’ confidence and competence in carrying out the execution without errors. The Associated Press commits to covering every execution in the United States, emphasizing the public’s right to understand the criminal justice process, especially during failures or irregularities in executions. Previous reports from various news outlets have highlighted problematic executions in multiple states, including Idaho, Alabama, Arizona, Oklahoma, and Ohio.
Prison officials often present sanitized descriptions of lethal injections, which can be starkly different from the graphic accounts provided by journalists. For instance, in a series of federal executions during the final days of the Trump administration, officials described the process as akin to falling asleep, while reports detailed distressing reactions of the condemned individuals. Journalists aiming to cover Corcoran’s case found themselves restricted to a parking lot, unlike previous executions when they could remain in nearby conference rooms.
In a reply to an inquiry by the Associated Press, Brandi Pahl, spokesperson for the Indiana Department of Correction, referenced the state law that determines who can be present at an execution, specifically noting that media witnesses are not included. Pahl further explained that any amendments to this law would necessitate legislative action and could not be altered at the department’s discretion.
Death penalty laws can be traced back over 3,800 years to the ancient Babylonian Code of King Hammurabi. Through the ages, methods of execution have included crucifixion, drowning, and hanging, with public executions prevailing in Europe by the 10th century. The U.S. maintained public executions until 1834 when Pennsylvania became the first state to relocate them to prison facilities. Currently, most of the 27 states that uphold capital punishment, along with the federal government, recognize the importance of media oversight, with Indiana and Wyoming being notable exceptions.
Kris Cundiff, a legal representative from Indiana associated with the Reporters’ Committee for Freedom of the Press, emphasized the significance of media presence during executions, stating that they represent the zenith of state action and authority. Cundiff asserted that having media representatives present is vital for monitoring and reporting to the public. Historically, the U.S. Supreme Court has limited media access to executions, with a notable ruling in 1890 stating a total ban in Minnesota.
Despite the restrictions, there have been instances where journalists have managed to observe executions, such as the botched hanging of William Williams in Minnesota in 1906, which led to the state’s eventual abolition of the death penalty. A later ruling in 1980 by the Supreme Court confirmed that the public and media should have the right to attend murder trials, reinforcing the notion that transparency is essential in the judicial process.
As time has progressed, various lower courts have allowed for similar rights to extend to executions. The panel of the 9th U.S. Circuit Court of Appeals articulated in 2002 that citizens must have access to reliable information regarding lethal injection procedures, which may carry serious implications. However, the trend of public access to executions is declining, with at least 16 states enacting secrecy laws concerning the death penalty since 2010, often targeting the confidentiality of the sources of lethal injection drugs.
In some cases, advocacy from news organizations has prompted adjustments to these secrecy rules. For instance, after journalists reported that Arkansas prison officials forbade the use of writing materials for media witnesses, the policy was revised. Currently, in Idaho, the Associated Press along with local news outlets are pursuing legal action to access parts of the execution facility that are off-limits, emphasizing their desire to observe the administration of lethal injection drugs.
Ahead of Corcoran’s execution, various media and journalist associations in Indiana reached out to Governor Eric Holcomb to voice their concerns regarding the lack of transparency surrounding the execution process. They labeled the secrecy as a “miscarriage of justice,” arguing that the decision to carry out an execution is an enormous act of state power that deserves appropriate scrutiny and reporting to the citizens of Indiana.