Atmore, Alabama – Kenneth Smith, a 58-year-old man convicted for a 1988 murder-for-hire plot, became the first person in U.S. history to be executed by nitrogen gas, a method known as nitrogen hypoxia. This marked the first time this method has been used in the United States, setting a precedent that has sparked a wave of controversy and debate across the nation.
Smith’s execution was initially scheduled for November 2022 via lethal injection. However, it was called off when officials were unable to locate a vein. The decision to proceed with nitrogen gas as an alternative method of execution was met with resistance from Smith and his attorneys.
They argued that execution by nitrogen gas would constitute cruel and unusual punishment under the 8th Amendment. Smith, they claimed, was “suffering mentally and physically from the posttraumatic stress” of the botched execution attempt.
“I was strapped down, couldn’t catch my breath. I was shaking like a leaf. I was absolutely alone in a room full of people, and not one of them tried to help me at all, and I was crying out for help. It was a month or so before I really started to come back to myself,” Smith described his experience of the botched execution attempt.
The execution method, nitrogen hypoxia, involves the inmate being strapped to a gurney and fitted with a mask and a breathing tube. The mask administers 100% pure nitrogen, depriving the person of oxygen until they die.
While 78% of the air humans breathe is made up of nitrogen, if the concentration of nitrogen is too high and of oxygen too low, the body’s organs are deprived of oxygen, which they need to function, and begin shutting down, causing a person to die.
Despite the arguments presented by Smith and his attorneys, the U.S. Supreme Court rejected a previous appeal, allowing Alabama officials to proceed with the execution.
“Having failed to kill Smith on its first attempt, Alabama has selected him as its ‘guinea pig’ to test a method of execution never attempted before. The world is watching,” Justice Sonia Sotomayor wrote.
Alabama is one of three states, including Mississippi and Oklahoma, that allows nitrogen gas to be used as a method of execution.
However, this method has never been carried out before, and its use raises concerns about potential excessive pain or even torture. Critics also point to Alabama’s recent struggles to carry out lethal injections, with three executions in 2022 being botched.
“How many execution methods do we need in this country?” Deborah Denno, a Fordham University law professor and the founding director of the Neuroscience and Law Center at Fordham Law School, said.
The execution of Kenneth Smith by nitrogen gas marks a significant event in the history of capital punishment. It opens up a new chapter in the ongoing debate about the methods of execution and their implications on human rights.
As this story continues to unfold, it will undoubtedly continue to spark discussions and debates on the future of capital punishment in the United States and around the world.
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