Nitrogen hypoxia is an execution method in which nitrogen gas replaces the oxygen in the air, leading to the person suffocating without experiencing pain or distress. It is also known as nitrogen asphyxiation or inert gas asphyxiation. This method has been proposed as a humane and effective alternative to lethal injection, which has been plagued by botched executions, drug shortages, and legal challenges. However, nitrogen hypoxia also raises many questions and controversies, as it has never been used on humans before.
1. How does nitrogen hypoxia work?
Nitrogen hypoxia works by depriving the brain of oxygen, which leads to unconsciousness and death. Nitrogen constitutes approximately 78% of the air we breathe and is characterized as an inert gas. It is not toxic or flammable, but it can displace oxygen if it is present in high concentrations. Normally, the oxygen level in the air is about 21%, and the carbon dioxide level is about 0.04%. When we breathe, we take in oxygen and exhale carbon dioxide. The carbon dioxide level in our blood triggers our breathing reflex, which makes us feel the urge to breathe. However, if the oxygen level drops below 10%, we can lose consciousness without feeling any symptoms of suffocation. This is because the carbon dioxide level remains low, and our breathing reflex is not activated. This is what happens when we inhale pure nitrogen gas.
To execute someone by nitrogen hypoxia, the person is placed in a sealed chamber or a mask that delivers pure nitrogen gas. The person breathes normally, but gradually loses oxygen in their blood. Within minutes, the person falls asleep and dies. The process is supposed to be painless and peaceful, as the person does not experience any panic, struggle, or agony.
2. What are the risks and benefits of nitrogen hypoxia?
One of the main benefits of nitrogen hypoxia is that it is simple and cheap. Nitrogen gas is readily available and inexpensive, unlike the drugs used for lethal injection, which are often scarce and expensive. Nitrogen gas does not require any medical expertise or equipment, unlike the needles, syringes, and intravenous lines used for lethal injection, which can cause complications and errors. Nitrogen gas does not pose any environmental or health hazards, unlike the chemicals used for electrocution, gas chamber, or firing squad, which can cause pollution and trauma.
One of the main risks of nitrogen hypoxia is that it is untested and unpredictable. Nitrogen hypoxia has never been used on humans for execution, only on animals for euthanasia. There is no scientific evidence or data on how nitrogen hypoxia affects humans, especially those who have medical conditions, mental disorders, or drug dependencies. There is no standard protocol or procedure for nitrogen hypoxia, such as how long it takes, how much gas is needed, or how to monitor the person’s vital signs. There is no guarantee that nitrogen hypoxia will be quick, painless, or reliable, as it may depend on the person’s individual physiology, psychology, and behavior.
3. Why did Alabama choose nitrogen hypoxia as an alternative to lethal injection?
Alabama chose nitrogen hypoxia as an alternative to lethal injection in 2018, after facing several challenges and controversies with its current method of execution. Alabama has one of the highest death row populations and execution rates in the United States, but it has also had several problems with obtaining and administering lethal injection drugs. In 2017, Alabama had to cancel or postpone several executions due to legal disputes, drug shortages, and medical complications. In 2018, Alabama executed Doyle Lee Hamm, a cancer patient who had damaged veins, after several failed attempts to insert an intravenous line. The execution took more than two hours and caused severe bleeding and pain for Hamm. In 2019, Alabama executed Nathaniel Woods, a co-defendant who did not pull the trigger, despite protests and appeals from his supporters and the actual shooter.
Alabama passed a law in 2018 that allowed death row inmates to choose nitrogen hypoxia as an option for execution, instead of lethal injection or electrocution. Alabama was the third state to adopt nitrogen hypoxia, after Oklahoma and Mississippi, but the first state to actually implement it. Alabama claimed that nitrogen hypoxia was a humane and effective method of execution, that would avoid the legal and practical difficulties of lethal injection. Alabama also claimed that nitrogen hypoxia was a voluntary and consensual choice for the inmates, who could opt for it if they preferred it over the other methods.
4. How did Kenneth Smith react to nitrogen hypoxia?
Kenneth Smith was the first person to be executed by nitrogen hypoxia in the United States, on January 25, 2024, in Alabama. Smith was convicted of murdering two men during a robbery in 1997, and sentenced to death in 1999. Smith chose nitrogen hypoxia as his method of execution, after rejecting lethal injection and electrocution. Smith said that he wanted to die peacefully and painlessly, and that he hoped that nitrogen hypoxia would be a better option than the other methods.
Smith was executed in a specially designed chamber, where he was strapped to a gurney and fitted with a mask that delivered pure nitrogen gas. Smith was calm and cooperative, and did not make any final statement or request. Smith breathed normally, and appeared to fall asleep within a few minutes. Smith was pronounced dead after 12 minutes, without any signs of distress or discomfort. Smith’s execution was witnessed by his family, his victims’ families, and the media, who reported that the execution was smooth and uneventful.
5. What are the legal and ethical challenges of nitrogen hypoxia?
Nitrogen hypoxia faces several legal and ethical challenges, as it is a novel and controversial method of execution. Some of the challenges are:
- The constitutionality of nitrogen hypoxia. The United States Constitution’s Eighth Amendment forbids cruel and unusual punishments, encompassing acts that entail torture, degradation, or excessive suffering. Nitrogen hypoxia may violate this amendment, as it may cause unknown or hidden pain, fear, or harm to the person, or as it may be an arbitrary or experimental method of execution.
- The consent of the inmates. The inmates who choose nitrogen hypoxia may not have a genuine or informed consent, as they may be coerced, manipulated, or misled by the authorities, or as they may lack the mental capacity, knowledge, or understanding to make a rational decision. The inmates may also have a limited or biased choice, as they may only have nitrogen hypoxia as a better alternative to the worse methods of lethal injection or electrocution.
- The morality of nitrogen hypoxia. The morality of nitrogen hypoxia may depend on one’s views on the death penalty, human dignity, and social justice. Some may argue that nitrogen hypoxia is immoral, as it is a form of killing, violence, or revenge, that violates the sanctity of life, the dignity of the person, or the rights of the victim. Some may argue that nitrogen hypoxia is moral, as it is a form of justice, deterrence, or retribution, that respects the law, the society, or the victim.
6. How do other states and countries view nitrogen hypoxia?
Nitrogen hypoxia is not widely accepted or adopted by other states and countries, as it is a new and controversial method of execution. Some of the views are:
- Other states in the United States. Only two other states in the United States, Oklahoma and Mississippi, have authorized nitrogen hypoxia as a backup method of execution, in case lethal injection is unavailable or unconstitutional. However, neither state has implemented or used nitrogen hypoxia, as they are still developing or reviewing their protocols and procedures. The majority of states in the United States either employ lethal injection as their primary means of execution or have completely abolished or temporarily suspended the death penalty.
- Other countries in the world. No other country in the world uses nitrogen hypoxia as a method of execution, as most countries either use other methods, such as hanging, shooting, or beheading, or have abolished or suspended the death penalty altogether. Nitrogen hypoxia is not recognized or endorsed by any international organization or treaty, such as the United Nations or the European Union, which have called for the abolition or moratorium of the death penalty worldwide.
7. What are the opinions of experts and advocates on nitrogen hypoxia?
Nitrogen hypoxia has received mixed or conflicting opinions from experts and advocates, who have different perspectives and interests on the issue. Some of the opinions are:
- The opponents of nitrogen hypoxia. The opponents of nitrogen hypoxia are mainly the critics and opponents of the death penalty, such as human rights groups, civil rights groups, and religious groups. They argue that nitrogen hypoxia is a cruel and inhumane method of execution, that violates the dignity and rights of the person, and that masks the brutality and injustice of the death penalty. They also argue that nitrogen hypoxia is a risky and unreliable method of execution, that may cause unknown or hidden suffering or harm to the person, and that may be subject to errors or abuses.
- The experts on nitrogen hypoxia. The experts on nitrogen hypoxia are mainly the scientists and professionals who have studied or practiced nitrogen hypoxia, such as medical doctors, veterinarians, bioethicists, and lawyers. They have different and diverse opinions on nitrogen hypoxia, depending on their fields, methods, and findings. Some of them support nitrogen hypoxia, as they have found evidence or arguments that nitrogen hypoxia is painless and peaceful, based on animal experiments, physiological models, or ethical principles. Some of them oppose nitrogen hypoxia, as they have found evidence or arguments that nitrogen hypoxia is distressing and harmful, based on human cases, psychological theories, or legal standards.
8. How does nitrogen hypoxia compare to other methods of execution?
Nitrogen hypoxia is different from other methods of execution, as it has unique features and effects. Some of the comparisons are:
- Nitrogen hypoxia vs lethal injection. Lethal injection is the most common and preferred method of execution in the United States, but it has also been the most problematic and controversial method. Lethal injection involves injecting a series of drugs into the person’s bloodstream, which are supposed to induce unconsciousness, paralysis, and cardiac arrest. However, lethal injection has often caused severe pain, suffering, and complications for the person, due to faulty drugs, equipment, or procedures. Lethal injection has also faced legal, ethical, and practical challenges, due to drug shortages, lawsuits, and protests. Nitrogen hypoxia is supposed to avoid these issues, as it does not require any drugs, equipment, or procedures, and as it does not cause any pain, suffering, or complications for the person.
- Nitrogen hypoxia vs electrocution. Electrocution is the second most common and available method of execution in the United States, but it has also been the most gruesome and shocking method. Electrocution involves passing a high-voltage electric current through the person’s body, which is supposed to cause brain death, muscle contraction, and organ failure. However, electrocution has often caused severe burns, injuries, and deformities for the person, due to faulty electrodes, currents, or circuits. Electrocution has also faced legal, ethical, and social challenges, due to constitutional bans, moral objections, and public outrage. Nitrogen hypoxia is supposed to avoid these issues, as it does not require any electricity, electrodes, or currents, and as it does not cause any burns, injuries, or deformities for the person.
- Nitrogen hypoxia vs gas chamber. Gas chamber is the third most common and available method of execution in the United States, but it has also been the most obsolete and abandoned method. Gas chamber involves filling a sealed chamber with a toxic gas, such as hydrogen cyanide or carbon monoxide, which is supposed to cause asphyxiation, convulsion, and coma. However, gas chamber has often caused severe agony, terror, and struggle for the person, due to the gas’s irritant, flammable, or explosive properties. Gas chamber has also faced legal, ethical, and historical challenges, due to court rulings, human rights violations, and Nazi associations. Nitrogen hypoxia is supposed to avoid these issues, as it does not require any toxic gas, chamber, or filler, and as it does not cause any agony, terror, or struggle for the person.
9. What are the future plans and implications of nitrogen hypoxia?
Nitrogen hypoxia is a new and emerging method of execution, that has potential and implications for the future. Some of the plans and implications are:
- The expansion of nitrogen hypoxia. Nitrogen hypoxia may become more popular and widespread in the United States, as more states and inmates may adopt or choose it as an option for execution, especially if lethal injection becomes more unavailable or unconstitutional. Nitrogen hypoxia may also become more accepted and adopted in other countries, as more governments and societies may seek or consider it as an alternative to other methods of execution, especially if they face pressure or criticism from the international community or public opinion.
- The evaluation of nitrogen hypoxia. Nitrogen hypoxia may become more researched and reviewed in the United States, as more experts and advocates may study or challenge it as a method of execution, especially if there are more cases or controversies involving it. Nitrogen hypoxia may also become more regulated and standardized in the United States, as more courts and authorities may oversee or monitor it as a method of execution, especially if there are more laws or rules governing it.
- The impact of nitrogen hypoxia. Nitrogen hypoxia may have various impacts on the death penalty system and the society in the United States, as it may affect the perception, practice, and purpose of the death penalty. Nitrogen hypoxia may make the death penalty more humane and effective, as it may reduce the pain, suffering, and complications for the person, and the legal, ethical, and practical difficulties for the state. Nitrogen hypoxia may also make the death penalty more hidden and deceptive, as it may mask the brutality and injustice of the death penalty, and the dignity and rights of the person.
