South Carolina’s Return to the Firing Squad- A Regression in Capital Punishment

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Capital punishment has a long and complex history in South Carolina. As one of the states that still actively maintains the death penalty, South Carolina has recently made headlines with significant developments in its execution methods.

After more than a decade without carrying out any executions, the state has officially reinstated the firing squad as an option for inmates facing the death penalty. This decision comes after ongoing legal battles, legislative changes, and mounting challenges surrounding lethal injection protocols.

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Historical Context of Capital Punishment in South Carolina

South Carolina’s capital punishment and methods of execution have evolved significantly over time. In the 20th century, the electric chair became the primary method of execution, replacing hanging. By 1995, lethal injection was introduced as the default option, aligning with national trends toward what was seen as a more humane method.

However, executions in South Carolina came to a standstill in 2011. A major contributing factor was the nationwide shortage of lethal injection drugs, as pharmaceutical companies increasingly refused to supply drugs for executions. As a result, South Carolina faced a 13-year hiatus, unable to lawfully carry out death sentences despite maintaining a sizable death row population.

Image is of the legislative state house in Columbia, South Carolina, concept of the return of the firing squad and capital punishment in South Carolina

Legislative Changes to Executions

Recognizing the urgent need to address the impasse, South Carolina lawmakers passed Act 43 in 2021. Under this legislation, the electric chair was designated as the default method of execution when lethal injection drugs were unavailable.

Crucially, the law also introduced the firing squad as a new, legal execution method. Inmates would now have the choice between lethal injection, electrocution, or firing squad.

In addition to changing execution options, South Carolina enacted a “shield law” designed to protect the identities of drug suppliers. This measure was intended to encourage pharmaceutical companies to provide lethal injection drugs by removing the risk of public backlash or litigation.

The shield law marked a major step toward resuming executions, but the debate around capital punishment and execution methods continued to intensify.

South Carolina Supreme Court Ruling on Capital Punishment

The legality of the newly authorized methods was soon challenged in court. Inmates argued that electrocution and firing squads violated the constitutional prohibition against cruel and unusual punishment. However, on July 31, 2024, the South Carolina Supreme Court upheld the constitutionality of both methods used for capital punishment.

In its ruling, the Court emphasized that neither method represented a significant departure from historical standards of execution. The justices concluded that both the electric chair and the firing squad were lawful under the Eighth Amendment and South Carolina’s constitution.

This decision cleared the way for the state to resume executions using all three authorized methods, solidifying new execution protocols going forward.

Recent Executions in South Carolina

Following the court’s ruling, South Carolina wasted no time in putting its revised system into action. On March 7, 2025, Brad Sigmon became the first inmate in South Carolina, and the United States in nearly 15 years, to be executed by firing squad. Sigmon, convicted of murdering his ex-girlfriend’s parents, had exhausted all appeals and chose the firing squad over electrocution.

Just weeks later, on April 11, 2025, Mikal Mahdi was also executed by firing squad. Mahdi, who had been convicted of killing a police officer during a standoff, had been on death row for more than two decades.

His execution, like Sigmon’s, was conducted under the newly established procedures, attracting both national attention and renewed debate over the use of firing squads in modern America.

Execution Methods in South Carolina

Today, South Carolina officially permits three methods of execution: lethal injection, electrocution, and firing squad. When an inmate faces execution, lethal injection remains the preferred method if the necessary drugs are available. If not, electrocution becomes the default option unless the inmate selects the firing squad.

The choice process is carefully outlined: inmates must be informed of their options and provide written notice of their selection. If no choice is made, electrocution is used. The availability of the firing squad offers inmates an alternative that some argue may be quicker and less prone to complications than electrocution.

Ethical and Legal Debates Surrounding Capital Punishment

The return of the firing squad has reignited fierce ethical and legal debates in South Carolina and beyond. Advocates argue that the firing squad is a swift, certain method of execution, resulting in almost instantaneous death when performed correctly. They claim it avoids some of the prolonged suffering associated with botched lethal injections and malfunctioning electric chairs.

Opponents, however, argue that the firing squad is a brutal and archaic method that tarnishes the dignity of the criminal justice system. Critics contend that it evokes images of the Wild West rather than a modern, civilized society. Furthermore, broader concerns persist regarding the overall fairness and fallibility of the death penalty itself, regardless of method.

Questions surrounding the constitutionality of different execution methods, and capital punishment overall, are likely to continue. Although South Carolina’s Supreme Court has upheld the electric chair and firing squad, challenges in federal courts remain possible.

The broader question also looms: what does the return to methods like the firing squad say about the future of capital punishment in America?

Image is of a statuette of a blindfolded lady justice holding scales in one hand and a sword in the other, concept of the return of the firing squad and capital punishment in South Carolina

The Takeaway on South Carolina’s Return to the Firing Squad

The state of capital punishment in South Carolina is undergoing a profound transformation. With the passage of Act 43, the introduction of a shield law, and the South Carolina Supreme Court’s 2024 ruling, executions have resumed after a long hiatus. The use of the firing squad, once thought to be relegated to history, has made a dramatic return, with two executions carried out in early 2025.

These developments raise important legal, ethical, and societal questions. While South Carolina’s actions reflect a commitment to carrying out death sentences, they also force a broader national conversation about the methods used to administer capital punishment by way of execution.

As South Carolina continues down this path, Johnson, Johnson, Whittle, Lancer and Staggs remains committed to staying informed on these issues and advocating for the rights and dignity of individuals entangled in the complexities of the criminal justice system.