Kenneth Eugene Smith, a death row inmate in Alabama, is scheduled to be the first person executed by nitrogen hypoxia, a controversial and untested method. Smith survived a botched lethal injection in 2022 and is now facing this new form of execution for his role in a 1988 murder-for-hire plot.
The use of nitrogen hypoxia involves depriving the inmate of oxygen by making them breathe pure nitrogen. Critics argue that Smith is essentially being used as a lab rat, as the effects of this method on humans are only known through accidents or suicide attempts, not controlled executions.
Smith’s lawyers have argued that their client is being treated as a test subject for an experimental method, and have raised concerns about the potential pain and inhumanity of the execution process. The UN has also expressed concerns about the use of nitrogen hypoxia, calling it potentially cruel, inhumane, and degrading.
Despite the legal challenges and criticisms, Smith’s execution is set to proceed within a 30-hour window. The legal precedents set by previous Supreme Court cases have made it difficult for Smith to prove that the method of execution is inhumane, shifting the burden of proof from the state to the inmate.
The debate surrounding the use of nitrogen hypoxia highlights the ethical and legal complexities of capital punishment, especially when it involves untested and controversial methods. As Smith’s execution date approaches, the discussion around the humaneness of execution methods continues to evolve.
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