Despite Alabama asserting the "humane" nature of nitrogen execution, skeptics doubt its efficacy as the state proceeds this week. Kenneth Eugene Smith is facing the historic execution by nitrogen hypoxia on January 25, labeled "experimental" and criticized by the United Nations. The impending event raises inquiries into the nature and mechanics of nitrogen hypoxia.

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(Photo : JEAN-CHRISTOPHE VERHAEGEN/AFP via Getty Images)
A researcher works with nitrogen at the INRA Nancy (National Institute of Agronomic Research) on November 27, 2012 in Champenoux.

Alabama First To Implement the Untested Nitrogen Hypoxia Execution

Nitrogen hypoxia, a proposed execution method, involves inducing death by exposing the inmate solely to nitrogen, depriving them of vital oxygen for bodily functions. Constituting 78% of inhaled air, nitrogen is harmless when mixed with oxygen.

Although no state has implemented nitrogen hypoxia for executions, Alabama joined Oklahoma and Mississippi in 2018 in authorizing its use due to challenges with obtaining lethal injection drugs.

Smith's execution entails placing a mask over his face and administering a lethal dose of nitrogen gas. Regular practice sessions ensure a smooth process, confirming the mask's proper seal. Once strapped to the gurney, a respirator mask, typically used in industrial settings for oxygen supply, will be placed over Smith's face.

The warden will then proceed to read the death warrant, allowing Smith to share any last words before activating the nitrogen hypoxia system from another room. The state protocol dictates administering nitrogen for at least 15 minutes or until a flatline EKG indicates, whichever is longer.

The Alabama attorney general's office asserts that nitrogen gas would induce unconsciousness within seconds, causing death within minutes, and leading to cardiac arrest within five minutes. They argue that Smith will not suffer, emphasizing that the introduction of nitrogen will swiftly render him unconscious.

Alabama Solicitor General Edmund LaCour maintains that the state has implemented the most painless and humane execution method recognized, advocating for the utilization of nitrogen hypoxia.

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Risks of Nitrogen Hypoxia Execution Method

The predominant method of execution in the United States is lethal injection, but challenges in procuring required drugs or issues with intravenous line connections have arisen for death penalty states. However, the untested nitrogen hypoxia method is deemed unfit for most mammals, including humans.

According to the American Veterinary Medical Association's euthanasia guidelines, nitrogen hypoxia is considered acceptable only for specific animals like chickens, turkeys, and pigs under certain conditions. However, UN-appointed experts have cautioned that the execution method may violate the prohibition on torture.

Dr. Joel Zivot, an anesthesiologist involved in filing a UN complaint, raised concerns about potential risks, such as seizures and the risk of choking on vomit, emphasizing the lack of knowledge about the effects of nitrogen gas on a human during execution.

Industrial accidents and suicides involving nitrogen provide limited insights, and critics argue that Alabama's plan is flawed, posing the risk of prolonged, unconstitutional, and potentially painful executions or leaving the inmate in a vegetative state.

Despite the Alabama attorney general's assertion that nitrogen hypoxia is the "most painless and humane method," the uncertainty surrounding its impact on the condemned person raises questions about the experimental nature of the procedure.

Should the Alabama execution proceed, it might influence other states to consider adopting nitrogen gas. Conversely, if the court blocks or mishandles the execution, it could impede or decelerate the shift toward utilizing nitrogen gas as an alternative execution method.

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