Why is US executing using Nitrogen gas instead of lethal injection?
Controversy surrounds the execution of convicted murderer Kenneth Smith, the first person in the US to be executed by nitrogen gas.
Kenneth Smith, a convicted murderer, became the first person in the US to be executed by nitrogen gas on Thursday, in a controversial new method that some experts have warned could cause severe suffering or even torture.
Smith was on death row for his involvement in a 1988 murder-for-hire plot that killed Elizabeth Sennett. He had escaped death by lethal injection in 2022, when his execution was halted after prison staff failed to insert two intravenous lines into his veins, as required by the protocol. They tried for an hour, but could only insert one line.
Now Smith faced a different fate: death by nitrogen gas. He was strapped to a mask that delivered pure nitrogen gas for up to 15 minutes. That cut off the oxygen supply to his brain, resulting in unconsciousness and death.
This method is one of the alternatives that some states have adopted in response to the challenges of lethal injection, the most common execution method in the US.
ALSO READ| Alabama carries out US' first execution using nitrogen gas
About half of the US states still have the death penalty, and they use different methods, such as hanging, firing squad, or electric chair. But none of these methods have been ruled unconstitutional by the US Supreme Court, although some state courts have banned some of them.
Why not lethal injection?
Lethal injection, which involves injecting drugs that sedate and kill the inmate, has been the preferred method since Texas first used it in 1982. Last year, 24 people were executed in the US, mostly in Florida and Texas, and all by lethal injection.
But lethal injection has faced many problems, both practical and ethical. Several executions have been botched, causing pain and suffering to the inmates. Some inmates, like Smith, have had their executions delayed or cancelled because of difficulties in finding suitable veins. And some states have struggled to obtain the drugs needed for lethal injection, as drug manufacturers have refused to sell them or stopped producing them.
ALSO READ| Alabama to carry out first-ever execution by nitrogen gas of inmate Kenneth Eugene Smith
The UK and the EU banned the export of lethal injection drugs in 2011, and Pfizer, the last major supplier of these drugs, stopped selling them for execution purposes in 2016. As a result, some states have resorted to using untested or secret drugs from private sources, such as compounding pharmacies.
Why did Alabam use Nitrogen gas?
Nitrogen gas is another option that some states have explored. Alabama, along with Oklahoma and Mississippi, have approved the use of nitrogen gas in executions, and have defended it against legal challenges. They argue that nitrogen gas is a humane and painless way to kill, as it induces a state of euphoria and unawareness before death. They cite examples of industrial accidents where workers have died of nitrogen hypoxia without realizing it.
But critics of nitrogen gas say that it is an experimental and unproven method that could cause harm and suffering to the inmates.
ALSO READ| Supreme Court declines to halt first US nitrogen-gas execution in Alabama case
Dr Jeff Keller, President of the American College of Correctional Physicians, says, “It’s an experimental procedure. Many things can go wrong.”
Deborah Denno, a criminologist at Fordham Law School who studies death penalty methods, says, “The procedure is supposed to be painless. But I have to emphasise - that’s in theory.” She points out that the masks used for nitrogen gas may not fit properly, and that air may leak in. She warns that Smith could vomit or survive the execution with brain damage.
