Alabama is seeking to become the first state to execute a prisoner by making him breathe pure nitrogen.
The Alabama attorney general’s office on Friday asked the state Supreme Court to set an execution date for death row inmate Kenneth Eugene Smith, 58. The court filing indicated Alabama plans to put him to death by nitrogen hypoxia, an execution method that is authorized in three states but has never been used.
Nitrogen hypoxia is caused by forcing the inmate to breathe only nitrogen, depriving them of oxygen and causing them to die. Nitrogen makes up 78% of the air inhaled by humans and is harmless when inhaled with oxygen. While proponents of the new method have theorized it would be painless, opponents have likened it to human experimentation.
The issue is this may be considered “cruel and unusual” punishment, and that is what lethal injection was designed to avoid. However, there are all sorts of problems with lethal injection in practice. Nitrogen would effectively be a better lethal injection without the complications (drug inventory, dosing amounts, etc).
The issue here isn’t killing people. It’s doing so in a way the defense lawyer can’t argue against to a judge.
Tbh, the lethal injection with all that regularly goes wrong with it is super cruel and unusual.
And isn’t murder in any instance cruel and unusual?