An Alabama inmate would be the test subject for the “experimental” execution method of nitrogen hypoxia, his lawyers argued, as they asked judges to deny the state’s request to carry out his death sentence using the new method.

In a Friday court filing, attorneys for Kenneth Eugene Smith asked the Alabama Supreme Court to reject the state attorney general’s request to set an execution date for Smith using the proposed new execution method. Nitrogen gas is authorized as an execution method in three states but it has never been used to put an inmate to death.

Smith’s attorneys argued the state has disclosed little information about how nitrogen executions would work, releasing only a redacted copy of the proposed protocol.

      • Chainweasel@lemmy.world
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        Listen to audio recordings of pilots with hypoxia, they understand something is very wrong with the plane, but they also think it’s just fine because they’re having a great day.

        • Kalkaline @leminal.space
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          I always think about Destin from Smarter Everyday when I think about hypoxia. He does such a great job at articulating what he experienced and how difficult it was to know what to do in that moment.

      • darq@kbin.social
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        Weirdly enough, it might be. There are videos of people deliberately testing hypoxia. I’ve seen one where the person controlling the test told the participant “you know you are dying right now, right?” and the participant responded “Oh” with a big smile. Now maybe the participant was more chill because they knew beforehand that they weren’t actually going to die. But they were still completely non-phased watching their brain shut down in real time.

        I’m opposed to the death penalty. But if I had to choose my own way out of this world? Hypoxia is probably top of the list.

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        I got a bit hypoxic on top of a mountain. It was 29°F with the wind you’d expect at 14000ft, and I’m just standing there in a t-shirt because I was just so nice and warm, also I was so loopy I could not stop laughing.

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      Might be trying to delay the execution itself since there is a shortage of the “regular” injection they use because of embargoes?

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      If done right. You know that people qualified to do it right don’t participate in executions, right?

      That’s why they fuck up giving someone injections on a regular basis.

          • shalafi@lemmy.world
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            So you see no difference in lethal injection and filling a room with nitrogen? If not, there’s no point discussing it with you. But I’ll give you a hint! Worst case, there’s not enough NO2 to cause death, so the subject gets stoned as balls and they introduce more.

            This ain’t rocket science.

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              I see no difference in an incompetent person trying something they are not qualified to do and then trying to do another thing they are unqualified to do. I expect them to fail at both.

              You also don’t appear to understand how the NO2 process works. It isn’t that they just need to add more N02, they also need to remove the oxygen AND CO2 at the same time. That is actually fairly complicated and requires knowledge on air movement in a restricted space. If they can’t properly dose someone with needles, good luck on them doing it right with airflow.

              • DarthBueller@lemmy.world
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                This isn’t a “gas chamber” type of execution. They’re putting a mask on the person with nitrogen gas. Though the state’s executioners are so incompetent that they’ll probably end up gassing themselves.

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      The issue is with the specific protocol being used. It’s not made public or documented. It’s almost all though they’re interested in torturing him instead of humanely executing him.

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      When the original news broke about Alabama using nitrogen, my wife woke me up by hitting my arm to tell me - because I’ve been saying that is the most humane possible method for the last 16 years.

      I think the death penalty is stupid to begin with, and am kinda over talking about its merits after years of debate team in high school and college. But trying all of these seat-of-pants cocktails of midazolam and pentobarbital etc, and then inventing all of these ridiculous devices that require two people to push buttons at the same time so no one ever really knows whose button actually killed the person… it’s just needlessly complicated and dumb. Not to mention the fact that the legal costs involved in defending appeals and housing someone on death row are much higher than the cost of a life sentence anyway. And that’s leaving aside the statistically significant number of wrongful convictions…

      I mean, we shouldn’t have the death penalty. But if we’re going to, it should be by nitrogen hypoxia.

      • DarthBueller@lemmy.world
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        I am split - there shouldn’t be a death penalty, and the horrors of botched executions go a long way toward undermining support for the system. While nitrogen hypoxia would be humane, it also makes the death penalty so much easier to sell. Part of me would rather have it be barbarous to undermine support. Though I can see the state being so incompetent that they end up gassing half of the executioners along with the inmate, even though they’re just putting a mask on the inmate’s face.

  • SeaJ@lemm.ee
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    We should not be executing anyone. Hypoxia is well documented so he would not exactly be a test subject.

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    You know you live in a third world country if you have discussions about how to kill your citizens. There is no need for the death penalty but a twisted and false sense of justice.

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      I understand you POV, but I disagree.

      There are people that are beyond rehabilitation, and life in prison is just a waste of time and resources.

      What we should do is try to understand what is making people commit crimes and avoid it before it happens.

      • Lowlee Kun@feddit.de
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        People on death row are more expensive than on life sentence. You could have them work without making it slave like but talking about the U.S. prison system in general just makes me want to throw up. Its no wonder that people would argue for killing if they dont view inmates a human beings. I guess there is a special flavor of “humanism” in the U.S. I can tell you the european countries are doing quite well without enslaving and killing their inmates.

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    This is interesting, and I personally feel he is fighting it only because it buys him more time. In a different article (linked in this one), where they announce Alabama’s plan to use nitrogen it says:

    Smith, in seeking to block the state’s second attempt to execute him by lethal injection, had argued that nitrogen should be available.

    So he literally asked to use nitrogen, they said “ok” and now’s he’s saying “how dare you try to use me as a guinea pig”

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      “I think something should be available” is not the same as “I volunteer to test it out”.

      For example, I think ejection seats should be available on all fighter jets.

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        The correct analogy would be you refusing to get out of a fighter jet except via ejection seats, them refusing to be ejected lol. This guy apparently wasn’t saying it should be available in general but that it should be an option for him.

        That said, I am in principle against executions.

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          This guy is apparently saying that he wants to know how they are planning to use nitrogen gas, and the state is refusing to tell him.

          So the correct analogy would be you refusing to get out of a fighter jet except via ejection seats. Then someone says, “Okay you can get out via ‘ejection seats’, happy now?”. Then you say, “Hey what’s up with the air quotes around ‘ejection seats’? What exactly are you planning anyway? How does this ejection seat work?”. Then they say, “Don’t you worry about the details buddy. You’ll be ‘ejected’ from your ‘seat’, LOL! Now shut up and get in the plane”.

    • DarthBueller@lemmy.world
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      If you think his inconsistent argument is ridiculous, you don’t understand the legal system. It’s okay, that’s why there are lawyers. (1) Alternate pleading is a thing, (2) the State pulls the same shit except 1000% worse, (3) the judiciary, especially the GOP judiciary that is elected on a “tough on crime” platform (got to love politicized justice), is ABSOLUTELY the most inconsistent, as their goal is to accept any argument of the State that leads to speedy execution. It goes all the way up to the SCOTUS - former Chief Justice Rehnquist was absolutely a shining star of the death machine, regardless of actual innocence. EDIT: the thing that really pisses me off is when the media covers alternate pleading without context. It’s terribly biased reporting designed to give people justice boners and pump up support for the State. EDIT2: I might be slightly off with my terms of art - I’m in transactional law, not criminal law, and it’s been a hell of a long time since law school or anything involving criminal law beyond a traffic ticket.

  • WhoresonWells@lemmy.basedcount.com
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    I support giving convicts with death sentences the right to choose the means (within reason). Nitrogen hypoxia is probably more humane than most of the methods we’ve tried, although I personally prefer bringing back the guillotine. If we’re willing to kill a man for justice, we ought be willing to reject childish euphemisms (putting him to sleep) and make a bloody mess of it.

    • evranch@lemmy.ca
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      make a bloody mess of it

      Personally I’ve been advocating for the “shitload of explosives” method. It doesn’t get much more humane than being blown to a red mist in milliseconds, and the audience would love it.

      Medicalized death sentences like the lethal injection seriously creep me out. Even a murderer deserves to face death with dignity, not strapped to a table and injected with poison.

      • alehc@lemmy.world
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        Lmao who would love to see that? In videogames when you are fighting the bad guys, sure. But irl?

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    A glib reply would be “What’s the worst that could happen?, they’d die?” but a far worse outcome is that they remain conscious but in constant pain for an unnecessarily long time. I’m personally against execution of any form but if it’s going to be done let’s make sure it’s humane.

    • funkless_eck@sh.itjust.works
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      well what you describe is how Normal executions go. Doctors won’t do it so it’s done by prison guards with no medical training and is often so disgusting the witnesses need counseling

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      I am against capital or even corporal punishment.

      But if I were to pick my way of dying, nitrogen hypoxia is the way I would like to go

      Nitrogen is the most common thing you breath, almost 80% of air being nitrogen.

      You don’t feel like you are being choked, because that feeling does not come from less oxygen, but when other gasses like carbon dioxide is at a too high level. Foreign liquid, or even being unable to expand your lungs. There is no too low oxygen sensor in your body that is used to send pain signals.

      You gradually lose your cognitive faculties, including feeling pain or self preservation.

      I am against captial or even corporal punishment, even for heinous crimes.

      If you are thinking about ending your life, seek help with health care professionals, everyone deserves a chance to have a better life.

      All that said, I think nitrogen hypoxia is the most humane way of ending a life. I would even wish that my chicken nuggets got the least painful end to their lives

    • AllonzeeLV@lemmy.world
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      Right? Why aren’t suicide booths a thing yet?

      The capitalist owners could make more profit off it, and that’s literally all human civilization values. And bonus, the people the Capitalists and their doting peasant sycophants consider “lazy, socialist commies” would largely opt out, leaving them to count their shillings in peace, unopposed.

      Is it about needing a homeless population that can’t (easily) opt out to scare the other peasants into continuing to show up for their purposeless jobs? Or just the last thin fig leaf of the capitalists deluding themselves into believing themselves less than monstrous?

      Because being trapped in this labor camp of a civilization isn’t mercy. It’s the opposite of mercy. Not legalizing escape isn’t the same thing as valuing life, and we clearly don’t. It’s the same thing as an anti-abortionist claiming to value human life while opposing social programs to help the newborn and mother.

      • manofnyan
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        Capitalists make portable suicide booths called guns! They love them

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    Alabama really shows itself to be one of the most savage states when it comes to their treatment of prisoners. Fucking monsters.

  • Fr❄stb☃️te@lemmy.world
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    Nitrogen Execution?

    They’re gonna freeze him and strike tap him with a baseball bat hammer?

    Then deploy a bunch of Roombas to clean up the human icicle shards?

    • Agent641@lemmy.world
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      Jokes on them when the shards melt, and begin to reform, to continue his inexorable pursuit of John Connor

    • malloc@lemmy.world
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      That’s liquid nitrogen, bro. This is nitrogen gas which in a confined space will consume all of the available oxygen and thus induce asphyxiation (suffocation).

      Some might even consider this a kink 👀👀

      • SheeEttin@lemmy.world
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        It doesn’t consume oxygen. Gaseous nitrogen is very stable.

        However, if there is a higher concentration of nitrogen than there should be, then you take in proportionally less oxygen in each breath.

  • doctorcrimson@lemmy.today
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    Last time a new method of execution was made, lethal injection, it was developed by a veterinarian who vaguely described how it might work and then it was administered by non-physicians because no doctor would ever touch this. I wonder who developed this new method.

    • SirEDCaLot@lemmy.fmhy.net
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      Actually it’s pretty well understood.
      The human body reacts to CO2 buildup with a ‘gasping for air’ sensation. Nitrogen however, not at all. The air we breathe is 80% nitrogen 20% oxygen, so we aren’t sensitive to nitrogen at all. Breathing air with little oxygen is something well understood as it can happen to pilots of unpressurized aircraft. Here’s a funny example of what happens when pressurization fails. Once ATC figures out he has hypoxia, they order him to descend to 11,000’ (which is usually the point hypoxia starts to kick in) and he’s fine. But while he’s hypoxic, he happily admits he has no control over his airplane and is totally unbothered by that fact.
      There’s a thing called a hypoxia chamber- the oxygen % of the air is reduced (not eliminated) to simulate what it’s like being at high altitude without pressurization. Always funny videos there, grown men with oxygen-starved brains playing with a children’s puzzle trying to put the square block in the round hole.

      Execution by 100% nitrogen is the most humane death I can think of. The gas is odorless, and as it takes effect the prisoner would experience a euphoric feeling before just falling asleep and dying a few minutes later.

      That said, I’m sure they’ll fuck this up somehow- most civilized people have concluded that execution is barbaric and unnecessary, so whoever builds the nitrogen gadget is probably not going to be the sharpest tool in the shed.

      And that’s what a botched execution would look like- if you shut off the nitrogen too soon or don’t ensure a high enough nitrogen concentration, the prisoner will be left with brain damage but not dead.

    • tetelestia@lemmy.world
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      I saw a video, I think on YouTube shorts, explaining how our bodies response when suffocating is from an abundance of CO2 rather than a lack of O2.

      Maybe whoever suggested this method saw the same video?

  • Spendrill@lemm.ee
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    My position: no government should be given the power to kill its citizens under any other circumstances than to protect other people from imminent violence, i.e. the same circumstances that would qualify as self-defence by a private individual.

    For the sake of argument: if you really wanted a painless and humane death what could be better than a carefully modulated dose of opioids?

    I’m guessing the answer is if they get high on the way out then it isn’t justice because only fear and suffering will assuage those with a vengeance boner.

    • StorminNorman@lemmy.world
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      No, it’s because opioids aren’t 100% effective at a painless death either. At this stage, no death we know of is truly “painless”. Well, that we can prove anyway. They’ve had patients hooked to brain monitors when they’ve died in their sleep, the brain goes through severe stress at the moment of death. Drowning is meant to be okay, but for obvious reasons, we can’t prove that.

  • sentinelthesalty@lemmy.world
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    Why people are so obsessed with finding more and more intricate ways to execute? Hanging or shooting in the head works just fine.

    • OneOrTheOtherDontAskMe@lemmy.world
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      Those are not painless methods and they hearken to a sense of vengeance, not justice. If someone is truly so irredeemable that we cannot re-educate them to learn to be good citizens or at least non-offending citizens, then we should remove them from the ability to cause further harm. But we are not in the business of causing suffering, at least not on paper we’re not. So we should give the person a civilized death with no pain, as causing pain is not justice, it’s vengeance.

        • OneOrTheOtherDontAskMe@lemmy.world
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          I mean, I only believe in execution for people who are genuinely beyond help, extreme psychological damage or deficiencies, and that’s because I don’t believe in life incarceration either.

          If someone can be reformed, reform them. If they can’t, caging them like animals for the last of their days is almost worse than the death penalty for me too. A man who is sentenced to die in prison for his crimes due to the years he’s sentenced, he should be able to opt out and go for the painless death. No forcing, no incentive, no coercion, death with dignity.

          Honestly, with some prison reform I don’t think we’d need 40-50 year life sentences as often because people could actually change. For those that can’t, or who are too old to be able to change before their time served, the right to end it peacefully is something I think we all owe each other.

        • Pyr_Pressure@lemmy.ca
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          Personally If there’s no chance someone will ever be released, I find that almost more cruel then a painless execution. As long as it’s 100% without a doubt guilty I support this method of execution.

          People would choose life in prison because deaths scares them, but spending 25-50 years in a box sounds worse to me than death does. Not only that, they have 25+ years to likely just wait to develop cancer and spend another 1-5 years dying slowly and painfully.

      • surewhynotlem@lemmy.world
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        The death penalty is already about vengeance and not justice. Removing them from society completely is justice for harming society.

        • OneOrTheOtherDontAskMe@lemmy.world
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          Removing them painlessly if they’re not able to be rehabilitated, definitely what I would call justice.

          Hanging, shooting, whichever other painful or ‘old world justice’ method, I’m hesitant to call that justice because it causes pain and suffering needlessly. Criminals treat people less than people. People must treat criminals like people, or we’re all criminals.

          • surewhynotlem@lemmy.world
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            Why would killing them be more justice than simple removal? Either way they’re out of society.

            Plus, if we accept that laws are not 100% fairly and correctly applied, we get the added benefits of not killing the innocent.

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              Removal being life in prison? I think that’s whay you meant, so let me know if i misread thay.

              That’s not what I think justice is because prison is about reform and not punishment. If you’re punishing them, okay, then that’s a whole other topic. But if your intent is to reform, and they’re too old to serve the sentence designed for reform or they’re deemed mentally unfit to be capable of reforming (usually in the case of extremely violent but low intelligent individuals), then the existing prison system we have in the US would be cruel to just cage someone who can’t change. The conditions US prisoners endure, especially when it comes to inmates on death row, is abysmal. Giving them the opportunity to take their own life without pain or suffering is my main “preference”, allowing death row inmates to just sit and rot in those conditions sounds worse than death. Of course, I’d leave that opinion up to the inmates though.

              I’m in full agreement that laws are not 100% fairly and correctly applied, so my preference would be to allow painless suicide as “time served” for death row. Stay as long as you think you’re innocent, and hopefully we fix the conditions so they don’t want to take their life regardless of innocence due to the psychological damage they might receive.

      • OneOrTheOtherDontAskMe@lemmy.world
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        But I’m all in agreement when it comes to reducing the cost. I don’t love the death penalty, I think it should be reserved for absolutely impossible cases, but it should be cheaper.

    • Landmammals@lemmy.world
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      This isn’t more intricate, it’s significantly more efficient and foolproof. There are so many ways that hanging someone or shooting them can go wrong, it’s unnecessarily complicated.