A New Form of Capital Punishment
In the aftermath of the recent execution of Kenneth Smith in Alabama, the first execution conducted by nitrogen gas, a renewed debate on capital punishment has started to form, one with a new focus on the methods of execution.
Nitrogen gas as an execution method was first proposed in 2014 by Oklahoma State Representative Mike Christian and Michael Copeland, a former criminal justice professor at East Central University, as a safer and more consistent execution method than lethal injection. The main reasoning behind the switch was due to pharmaceutical companies refusing to sell the trio of drugs used for lethal injection as opponents of the death penalty began to rise. As a result, prisons started to either produce their concoctions or use less-efficient drugs as a replacement, eventually leading to many botched executions, including Kenneth Smith’s first execution attempt back in 2022. As noted by Boer Deng and Dahlia Lithwick in a 2014 Slate article, it seemed as though opponents to the death penalty had ironically created a less humane version of the lethal injection.
Alabama has remained ambiguous towards sharing its exact procedures and results.
Nitrogen gas as an execution method has been touted by some to be the needed replacement for other forms of execution while others are skeptical about its safety and usage. The main pushback against nitrogen gas focuses on the lack of research regarding its use. Nitrogen gas works to deprive the body of oxygen, eventually causing a loss of consciousness leading to death. Further research, however, needs to be conducted to accurately determine the amount of time needed before a loss of consciousness and whether death is truly peaceful. As stated by Dr. Jeffrey Keller, president of the American College of Correctional Physicians, “What effect the condemned person will feel from the nitrogen gas itself, no one knows.” The United Nations has also raised concern over the use of nitrogen gas, claiming it as an “untested method of execution which may subject (Smith) to cruel, inhuman or degrading treatment or even torture.” Additionally, Alabama has remained ambiguous about sharing its exact procedures and results. According to Robin Maher, executive director of the Death Penalty Information Center, Alabama “has chosen to share with us in a highly redacted protocol, which conceals certain critical details and also raises more questions about its safety and its effectiveness.” The first death row inmate scheduled to be executed using nitrogen gas was Alan Miller in 2022, but his execution was eventually delayed and subsequently canceled due to the uncertainty and legal battles surrounding the method. With such uncertainties surrounding its effectiveness and use, many have begun to question whether nitrogen gas is safer than other forms of execution, leading many to oppose the death penalty outright.
Some, however, stand by its effectiveness and future possibilities. One of the primary arguments for its benefits is the process of death itself. Breathing in pure nitrogen would eventually cause a person to black out, or become unconscious, an action that does not necessarily cause any pain. Once unconscious, the inmate would then peacefully pass away. Nitrogen gas executions use simple physics and biology to bypass the potentially negative consequences of lethal injection while being more consistent in causing death in a timely and humane manner. Additionally, others have highlighted that nitrogen gas is abundant in nature (78% of air is composed of nitrogen) and requires no drugs, eliminating the main issue of lethal injection. In theory, nitrogen gas also takes effect quickly. Breathing in pure nitrogen should cause a loss of consciousness within minutes and death quickly after. According to Stephanie Pappas, a science writer for LiveScience, nitrogen gas “doesn’t cause the same panicked feeling that suffocation does, because the person continues to exhale carbon dioxide.” An increase in carbon dioxide, characteristic of traditional suffocation, causes the body to breathe, creating a painful experience for the receiver. However, with nitrogen gas, Pappas explains: “because the carbon dioxide levels in the blood never rise with nitrogen inhalation, these symptoms don’t occur.” Furthermore, current proposals for nitrogen gas execution include the use of an air-tight gas mask as the most efficient delivery method. While there is debate surrounding whether such masks are truly airtight, proponents have pointed to the simple fact that using such masks is less invasive and less dangerous than using an IV to administer a potentially ineffective series of lethal drugs.
Unless changes to the death penalty occur, finding safer alternatives to current forms of execution is essential.
Despite new debates surrounding nitrogen gas as a novel form of execution, both proponents and opponents agree that more research and guidelines must be conducted and published before allowing its widespread use. While opposition to the death penalty has been steadily rising, the death penalty is still used in a handful of states. Therefore, unless changes to the death penalty occur, finding safer alternatives to current forms of execution is essential.
Alan Knight ‘27 studies in the College of Arts & Sciences.He can be reached at a.z.knight@wustl.edu.