Nitrogen Gas Execution: Not as Humane as we Think it Is?

Was this execution simply botched or is the method inherently cruel and unusual?

Alabama recently allowed nitrogen-induced hypoxia to be used as an execution method. This marks the first time a new execution attempt has been introduced since 1982, when lethal injection was first used. Kenneth Eugene Smith, aged 58, survived several execution attempts via lethal injection and died from nitrogen-induced hypoxia on January 25, 2024 at 8:25 pm. The State Attorney General Steve Marshall called this method “humane” and “effective” after Kenneth had been executed.

The execution method works by placing a dedicated over the face of the condemned and pumping nitrogen gas into the mask until the point of death. The mask covers the face from forehead to chin and resembles a gas mask. Mask failures can present risks to those in the room with the person being executed and are advised to stay at least 3 feet away from the masks.

Some people have criticized this execution method for its lack of forethought and consideration for the condemned. Corinna Barrett Lain, a law professor at the University of Richmond, said that the proposal for nitrogen gas execution lacked input from medical professionals. She went on to say that the burden of proving that an execution method isn’t torturous falls on the condemned rather than developers of that method.