Alabama Seeks Controversial Ground: First State to Use Pure Nitrogen Hypoxia for Executions Sparks Legal Battles and Ethical Concerns
Alabama seeks to become the first state to execute a prisoner using pure nitrogen hypoxia, sparking debates over ethics and constitutionality. Legal battles loom as the controversial method is tested for the first time.
Alabama is making headlines as it seeks to become the first state to execute a prisoner using the controversial method of pure nitrogen hypoxia. The state's attorney general office has requested the state Supreme Court to set an execution date for death row inmate Kenneth Eugene Smith, who has been waiting for nearly 35 years for his death sentence to be carried out. This execution method, which involves forcing the inmate to breathe only nitrogen, depriving them of oxygen and causing death, has been authorized in three states but has never been implemented.
Nitrogen hypoxia is a topic of great debate, with proponents claiming that it would be a painless method of execution, while opponents argue that it amounts to human experimentation. The Equal Justice Initiative, a legal advocacy group, has expressed concerns about Alabama's history of "failed and flawed executions" and cautioned against experimenting with an unproven method. Alabama initially approved nitrogen hypoxia in 2018 due to a shortage of drugs used for lethal injections. However, the state has not attempted to use this method until now.
Oklahoma and Mississippi have also authorized nitrogen hypoxia, but it remains unused in those states as well. This recent development is expected to trigger legal battles over the constitutionality of nitrogen hypoxia as a method of execution. The lack of precedent and testing raises questions about the potential risks and ethics involved. Last year, Alabama faced difficulties in executing Smith via lethal injection, prompting a pause in executions for an internal review of lethal injection procedures. The state resumed lethal injections just last month. Smith was convicted in the 1988 murder-for-hire slaying of a preacher's wife, and Alabama's attorney general argues that it is time to carry out the death sentence.
While Alabama has been working for several years to develop the execution method, little information has been disclosed about the exact procedure. The completion of a protocol is reportedly imminent, according to Corrections Commissioner John Hamm. The case of Kenneth Eugene Smith has attracted attention due to its significant duration and the nature of the crime. Smith was one of two men convicted in the murder of Elizabeth Sennett, a preacher's wife, in 1988. The ruthless killing, motivated by financial gain, shocked the small north Alabama community.
The other person convicted for the crime was executed in 2010, while Sennett's husband, a pastor, took his own life when suspicions arose about his involvement. It remains to be seen how the legal battles surrounding the use of nitrogen hypoxia as an execution method will unfold in Alabama. As the first state to potentially implement this approach, the outcome could have far-reaching implications.