Alabama has already tried once to execute Kenneth Smith. On the evening of Nov. 17, 2022, Smith lay on a gurney as workers tried for an hour to insert needles into the veins of his hand, arms and collarbone so they could put him to death by lethal injection. Just before midnight, the execution was called off.

Surviving an execution is uncommon. Only one other prisoner alive today has done it — a death row prisoner from Alabama whom the state also failed to execute by lethal injection. But Smith’s case is even more unusual. When the state again tries to execute him, on Jan. 25, Alabama plans to use nitrogen gas. It will be the first time the gas has been used as an execution method in the U.S.

The method has come under scrutiny for safety and human rights reasons. NPR exclusively published a document that showed the Alabama Department of Corrections had required Smith’s spiritual adviser, the Rev. Dr. Jeff Hood, to sign a waiver acknowledging that the state believes he could be at risk of exposure to the gas. In January, the United Nations published a statement that declared U.N. experts were concerned the method could lead to grave suffering.

  • @BertramDitore
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    1511 months ago

    I believe the death penalty is morally wrong in any and all circumstances. But if the state botches their murder attempt, they shouldn’t get a second try.

    • @[email protected]
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      1411 months ago

      Something about jabbing someone with needles for an hour trying to kill them, failing, and being like “WELP LET’S KILL YA ANOTHER DAY”

      …sounds a little, hmm. Cruel? Unusual maybe?

    • @[email protected]
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      611 months ago

      I agree, there’s no world in which I can make the death penalty make coherent moral sense to me.

      This article exemplified that perfectly with the interview snippets near the end. The guy mentioned that he’s been receiving PTSD therapy since the first botched attempt, and I thought “what’s the point in spending the effort and money treating his trauma when they’re still so set on killing him?”. To be clear, I don’t believe that one bit, which is why it was such a jarring thought. I legitimately cannot understand why someone who was pro death penalty would care about this guy’s wellbeing when they clearly don’t.

  • @lennybird
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    11 months ago

    I’ve heard nitrogen gas is perhaps the most humane method (though I oppose capital punishment). The feeling of asphyxiation comes from rising CO2 in the brainstem. If he can continue expelling the CO2 you won’t feel anything except as you go hypoxic you’ll become more dazed and confused until you simply pass out.

    Then again I’ve always wondered why we don’t just put these people under anesthesia and then overdose on morphine.

    • @[email protected]
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      11 months ago

      That one’s in part because cruelty is by design I imagine, but also because the people giving those injections aren’t medical professionals and can’t legally obtain those substances. Guess that also explains how they can fuck up finding veins this bad. From what I’ve read and heard (In Last Week Tonight among others, I believe) they basically just use toxic crap that chemically burns the inmate from the inside and makes them asphyxiate while conscious. And of course they turn out to be undeserving of an execution around 5% of the time.

      • @lennybird
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        11 months ago

        Wait, seriously? They aren’t even medical professionals administering the substances…?

        Guess that would kind of go against the Hippocratic Oath.

  • HubertManne
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    611 months ago

    I would rather the accused be given their choice of method, like was done in this case, than to make arbitrary decisions on what one thinks causes the most suffering. Granted I to am anti death penalty. I don’t see any benefit to it. I am for individual decided euthanasia.

  • @captainlezbian
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    -1311 months ago

    My issue with nitrogen gas isn’t the suffering, I’ve seen euthanasia advocates advocate for it and no evidence it’s painful. My issue is that it’s too easy to get. Executing people should be a real pain in the ass in every way. Governments should be frustrated that it’s still allowed. Nitrogen gas is abundant and scalable.

    • themeatbridge
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      2711 months ago

      That’s not a real objection, though. I opposed the death penalty, but the ubiquity of the execution method has no relevance in the discussion of its morality.

      This idea that we can practically eliminate the death penalty by making it really hard to execute someone is not only naive, it’s counterproductive. Execution advocates use the argument to justify their position. The Missouri AG is right now arguing to expedite the execution of a man who has exculpatory DNA evidence because it was so difficult to convict him the first time when the evidence pointed away from the defendant.

      Execution advocates argue for less humane executions, where painkillers are not administered, because the proper drugs are difficult to acquire and administer. They advocate for a paralytic instead so that, whatever the person being killed feels, we don’t have to see the torment on their faces.

      • @CobblerScholar
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        311 months ago

        I’m undecided ultimately on the death penalty personally but I do think it’s advocates are a bit too keen on keeping the process as palatable for the living as possible. I say bring back the guillotine or the firing squad if the state is going to kill people according to laws that very clearly do not evenly apply

        • Nate Cox
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          611 months ago

          There is a fantastic podcast about public executions that I listened to years ago, which detailed how the public loved public executions no matter how violent or gruesome.

          People would come from miles around, they would rent balconies above the execution site to get the best view and have parties while they watched someone suffer and die. Part of the reason public executions lasted as long as they did was governments being reluctant to take them away from the public.

          I’m not sure that keeping it palatable is super important to the process. The real argument against execution is that we know for a fact that sometimes innocent people get convicted; to be ok with executing criminals you must be ok with the occasional innocent being killed, and I would argue that even a single innocent being killed by the state is too much to accept.

    • @Riccosuave
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      11 months ago

      I hate to break it to you, but bullets are cheap, ubiquitous, and highly effective at causing death. The only difference is death by firing squad is less humane.