Alabama Supreme Court OKs First Nitrogen Gas Execution
The Alabama Supreme Court Allows Execution by Nitrogen Gas
The Alabama Supreme Court issued an order on Nov. 1 that has sparked a heated debate over the death penalty. The order grants the state the authority to execute a man, Kenneth Smith, using the controversial method of asphyxiation with nitrogen gas.
The order didn’t specify the method of execution, but Attorney General Steve Marshall has requested the use of nitrogen hypoxia, the Associated Press reported. Wednesday’s order requires Gov. Kay Ivey to set a date for the Department of Corrections to execute the defendant, 58-year-old Kenneth Smith, who underwent the third botched execution attempt by the state in 2022.
Mr. Smith narrowly escaped execution in a previous attempt when workers failed to find veins for lethal injection before the death warrant expired at midnight, AL.com reported.
His attorneys argue that Mr. Smith is being used as a “test subject” for this experimental method, which involves administering gas through a mask placed on the prisoner’s face.
“We remain hopeful that those who review this case will see that a second attempt to execute Mr. Smith—this time with an experimental, never-before-used method and with a protocol that has never been fully disclosed to him or his counsel—is unwarranted and unjust,” said Robert Grass, an attorney for Mr. Smith.
Mr. Smith has been on death row since 1996 for his involvement in a “murder-for-hire” scheme that resulted in the death of Elizabeth Dorlene Sennett in 1988. The execution date is yet to be determined, but the court’s order, passed with a 6-2 vote, requires the governor to schedule it within 30 days. The Department of Corrections has stated that they are prepared to carry out the court’s orders.
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Mr. Smith’s attorneys believe that the state will not succeed in a second execution attempt.
Alabama Attorney General Steve Marshall welcomed the state supreme court’s decision, stating on Nov. 1 that Ms. Sennett’s family “has waited an unconscionable 35 years to see justice served.”
“Today, the Ala. Sup [sic] Court cleared the way for Kenneth Smith to be executed by nitrogen hypoxia for the 1988 murder-for-hire of Elizabeth. Though the wait has been far too long, I am grateful that our talented capital litigators have nearly gotten this case to the finish line.”
However, the execution has faced criticism from the Death Penalty Information Center, and the American Civil Liberties Union (ACLU) has called on the governor to intervene. The ACLU accuses Alabama of using incarcerated individuals as subjects for nitrogen gas experimentation.
The Nov. 1 order comes a year after Mr. Smith’s initially scheduled execution, which was postponed by the U.S. Supreme Court. Justices Clarence Thomas and Samuel Alito dissented from their court’s decision, emphasizing that the Constitution does not guarantee a painless death for prisoners.
What concerns do opponents have regarding the use of nitrogen gas asphyxiation for executions?
Nitrogen Gas Asphyxiation
The use of nitrogen gas asphyxiation as a method of execution has generated controversy and has been met with both support and opposition. Proponents argue that this method is more humane and painless compared to other execution methods, such as lethal injection or electrocution. They claim that nitrogen gas deprives the brain of oxygen, causing a painless death within minutes. However, opponents of this method raise concerns about its experimental nature and the potential for botched executions. They argue that using a never-before-used method on a condemned prisoner is ethically problematic and violates the Eighth Amendment’s prohibition of cruel and unusual punishment. This controversial decision by the Alabama Supreme Court comes at a time when the death penalty is already a subject of intense debate. The use of nitrogen gas asphyxiation has reignited discussions about the morality and effectiveness of capital punishment in the United States. Critics argue that the death penalty has significant flaws, citing studies that suggest it does not serve as an effective deterrent and can result in the execution of innocent individuals. Furthermore, they believe that the death penalty disproportionately affects certain communities, particularly minority groups, and perpetuates systemic inequalities within the criminal justice system. On the other hand, proponents of the death penalty argue that it serves as a just punishment for those who commit heinous crimes. They believe that it provides closure for victims’ families and acts as a deterrent against future crimes. The decision of the Alabama Supreme Court to allow execution by nitrogen gas adds another layer to the ongoing debate surrounding capital punishment. It forces us to confront the ethical implications of using experimental methods to end someone’s life and raises questions about the role of the state in determining the fate of its citizens. As this controversial case moves forward, it will likely face further scrutiny and legal challenges. The outcome of this execution could set a precedent for other states considering the use of nitrogen gas asphyxiation or other alternative execution methods. In a country where the death penalty remains a divisive issue, this decision by the Alabama Supreme Court has only intensified the dialogue surrounding capital punishment’s morality, constitutionality, and effectiveness. Whether this case leads to a reevaluation of our approach to the death penalty or further entrenches existing viewpoints, only time will tell.
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