Alabama Set to Use Nitrogen Gas in Execution, a First in U.S. History

A Paradigm Shift in Capital Punishment

On Thursday, Alabama is poised to make history by using nitrogen gas to execute Kenneth Eugene Smith, marking a significant departure from traditional lethal injection methods. This unprecedented move has sparked a heated debate, raising questions about the ethics, legality, and efficacy of this novel execution method.

Nitrogen Hypoxia: An Untested Execution Method

Nitrogen hypoxia execution involves causing death by depriving an individual of oxygen. The process entails replacing the ambient air with pure nitrogen, leading to unconsciousness and eventual death due to oxygen deprivation. While this method has not been previously used in capital punishment, three states – Alabama, Oklahoma, and Mississippi – have authorized its use.

The Impetus for Alternative Execution Methods

The impetus for these states to seek alternative execution methods stems from the increasing difficulty in obtaining the drugs used in lethal injections. Pharmaceutical companies have become increasingly reluctant to supply these drugs for capital punishment, citing ethical concerns. This shortage has prompted states to explore alternative methods that do not rely on these drugs.

How Nitrogen Hypoxia Is Supposed to Work

Nitrogen, a colorless and odorless gas, constitutes 78% of the air we breathe and is innocuous when inhaled with adequate oxygen levels. The theory behind nitrogen hypoxia is that replacing the ambient air with pure nitrogen will render the individual unconscious and eventually lead to death due to oxygen deprivation.

Execution Protocol and Criticisms

After Smith is secured on the gurney in the execution chamber, the state will place a NIOSH-approved respirator mask over his face. The warden will read the death warrant, and Smith will be given the opportunity to utter his final words before the nitrogen hypoxia system is activated from a separate room. The nitrogen gas will be administered for at least 15 minutes or until five minutes after an EKG confirms a flatline, whichever is longer.

Critics, including Smith’s attorneys, have raised various concerns about the method’s implementation and potential consequences. They assert that the mask may not be fully airtight, allowing oxygen to seep in and prolong the execution process, possibly resulting in a vegetative state rather than death. Additionally, experts appointed by the United Nations Human Rights Council have expressed concerns that the method constitutes torture and violates the prohibition against cruel, inhuman, or degrading punishment.

Comparison to the Gas Chamber

Nitrogen hypoxia differs from the gas chamber method previously used in some states, which employed hydrogen cyanide gas. While both methods involve the use of gases, nitrogen hypoxia aims to induce death through oxygen deprivation rather than the toxic effects of hydrogen cyanide.

The Case of Kenneth Eugene Smith

Smith was convicted of the 1988 murder-for-hire of a preacher’s wife. In 2022, Alabama attempted to execute Smith via lethal injection but halted the process due to difficulties in establishing intravenous lines. Smith was strapped to the gurney for nearly four hours during this ordeal.

Legal Challenges and Potential Implications

The legality of the nitrogen hypoxia execution is being contested in court. Smith’s attorneys argue that the proposed procedures violate the ban on cruel and unusual punishment and that the state violated his due process rights by scheduling the execution while appeals are pending. They also contend that using the face mask would impede his ability to pray.

The outcome of this case has far-reaching implications. If the execution proceeds, other states may consider adopting nitrogen gas as an alternative execution method. Conversely, if the courts block the execution or if it is botched, the pursuit of nitrogen gas as an execution method may be halted or slowed down.

Conclusion: A Crossroads in Capital Punishment

The impending execution of Kenneth Eugene Smith using nitrogen gas marks a pivotal moment in the history of capital punishment in the United States. The outcome of this case will have a profound impact on the future of capital punishment and raise fundamental questions about the ethics, legality, and efficacy of alternative execution methods. As this legal and ethical drama unfolds, society is compelled to confront its stance on capital punishment and the values it upholds.