Alabama’s Latest Execution Method Raises New Questions About Capital Punishment

Alabama is set to execute a prisoner using nitrogen hypoxia, a method never before tried, raising numerous ethical and logistical issues.

At a Glance

Alabama attempted an execution using nitrogen gas, a first in the world.
The execution has been described as an “experiment” and raised human rights concerns.
Witnesses reported visible distress during the execution, contradicting claims of painless death.
UN experts have warned that nitrogen hypoxia might lead to a painful and humiliating death.

Introduction to the Execution Method

In November of this year, Alabama plans to conduct its third execution using nitrogen hypoxia. This method involves the inmate inhaling pure nitrogen gas, theoretically causing death through oxygen deprivation in an arguably less painful manner compared to a lethal injection.

This execution aims to set a precedent, testing the state’s logistical readiness and ethical considerations regarding this untried method.

This move has been deemed an “experiment,” sparking debates over its humane nature and raising significant human rights issues.

Earlier this year, Alabama executed Kenneth Smith using nitrogen hypoxia. This method led to considerable distress during the 30-minute procedure, contradicting claims of a quick, painless death. Witnesses reported visible distress, which has led to debates over its suitability and ethical basis. (Slate)

Kenneth Smith will be the first human being in the United States put to death using nitrogen gas, a method that is not based on any scientific evidence.

Alabama should stop Smith’s execution and scrap the death penalty completely. https://t.co/z5uFxl74f4 pic.twitter.com/vrD93v7rfc

— Human Rights Watch (@hrw) January 24, 2024

Concerns and Ethical Considerations

Despite claims that nitrogen hypoxia induces unconsciousness within seconds and death within minutes, experts argue that the process could be excruciatingly painful. The United Nations and other human rights advocates warn that the method might constitute torture.Veterinary scientists refrain from using it for animal euthanasia due to ethical concerns, raising alarm about its application to humans. Even the United Nations has weighed in on this issue. “We are concerned that nitrogen hypoxia would result in a painful and humiliating death,” according to U.N. human rights experts.

🚨 On January 25, the state of Alabama plan to execute Kenneth Smith by nitrogen gas, who is on death row because of a now illegal practice called judicial override.@GovernorKayIvey has an opportunity to use her clemency power to stop this execution. https://t.co/KLkoZzps1L

— Amnesty International (@amnesty) January 23, 2024

Legal and Logistical Issues

Nitrogen hypoxia execution methods present significant risks not only to the inmate but also to prison staff and the broader public. For instance, a nitrogen gas leak at a Georgia poultry plant resulted in multiple deaths and severe injuries. Additionally, the U.S. Chemical Safety Board highlights the annual deaths and injuries attributable to nitrogen exposure, further questioning the procedure’s safety. Governor Kay Ivey has the authority to halt the execution but chose not to intervene, despite severe logistical and ethical concerns.

“Earlier this month, United Nations human rights experts warned that the untested execution method might result in a painful and humiliating death.” –ACLU

Alabama could use nitrogen hypoxia for its death sentences, an untried and untested method of execution. Here's what it is and why there are concerns.https://t.co/91qA1MA6uI

— NPR (@NPR) September 13, 2022

Conclusion

The plan to continue nitrogen hypoxia execution in Alabama raises essential questions about the future of capital punishment in the U.S. Will this method offer a more humane alternative to lethal injection, or will it introduce new ethical and logistical pitfalls? As the state moves forward, these concerns will undoubtedly shape the ongoing debates over the death penalty and human rights.

“The most vile murder does not, in my view, release the State from constitutional restraints on the destruction of human dignity,” said Supreme Court Justice William Brennan in 1985, during a speech at Georgetown University.

The outcome of this case will be pivotal for Alabama and other states considering nitrogen hypoxia as an execution method. It remains crucial to balance the pursuit of justice with adherence to ethical standards and human rights.