The state of Alabama has carried out the first-ever execution of a prisoner by nitrogen
hypoxia in the United States. On January 25th, 2024, a condemned prisoner, Kenneth Smith, was pronounced dead inside the Atmore, AL execution chamber according to John Q. Hamm, the state prison system’s commissioner. With this new form of execution for death-row inmates, multiple states are considering the adoption of such methods while many concerned citizens argue the ethical concerns of the execution method for the lack of testing in terms of inmate suffering. As a citizen and student, specifically, someone who was born and raised in Auburn, AL, I believe the execution method alongside the death penalty verdict should be allowed for and protected under U.S. law and citizens seeking justice, but only after more testing proves its painless results.

Kenneth Smith, the executed prisoner, was sentenced to life in prison in a 1996 court case
by a jury of his peers for a 1988 murder. However, the judge ruled in a death penalty verdict
despite the jury’s conviction. The problem arises as this case’s resolution would no longer be
possible in today’s standards as Alabama allows judges to override a jury decision to sentence someone to life in prison without parole. Following this legal case, the Alabama Department of Corrections attempted the execution of Smith by lethal injection but canceled the procedure after failure to find a suitable vein for injection. Smith was subjected to inhaling pure nitrogen through a mask until he was suffocated with scientists and state officials arguing that the procedure is humane and painless. Problems and concerns have arisen following Smith’s execution by nitrogen hypoxia after spectators and witnesses recorded alleged gasping and convulsions until he was pronounced dead (22 minutes total). Following the execution, United Nations human rights experts warned of the problems that arise through the untested method, arguing the possibility of torture, violating numerous international human rights treaties ratified federally.

While Kenneth Smith’s crimes were horrific and unjust, I believe the execution was
rightfully done and justice was served for the committed crimes and the victims. However, I
believe the adoption of nitrogen gas as a method of execution should be a very slow
implementation until further testing and protections are also conducted. While Smith’s horrific crimes were arguably deserving of his punishment, the Alabama Department of Corrections have admitted to knowing of possible risks, having Smith’s spiritual advisor sign a waiver acknowledging the risk of gas exposure for being with the inmate during the execution.

Moving to the nearby state of Georgia, an event recently occurred within a poultry plant, following a leak of nitrogen gas inside a freezer room which killed 6 workers and caused many others to receive hospitalization. With veterinarians ruling out nitrogen as a method of euthanasia due to ethical concerns, I believe more testing is required before it is even considered as an official method of execution, especially for correctional employees, civilians, and others who may be at risk for being nearby the substance. While this discovery is interesting and could offer a harmless alternative for lethal injection to the inmates on death-row, more scientific testing and protections must be conducted overall for safety and humanitarian reasons before more states follow the lead of Alabama.