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.

    • Flying Squid@lemmy.world
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      You literally slip into happy fun time

      Is it really ‘happy fun time’ if you know you’re going to die?

      • 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.

    • harrim4n@feddit.de
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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?

    • stewie3128@lemmy.dbzer0.com
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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.

    • bookmeat@lemm.ee
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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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      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.

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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.

  • 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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      Note: if I were to commit medically induced suicide it would be by nitrogen hypoxia. By alla counts it is the best way to go.

      • SeaJ@lemm.ee
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        Going to guess it is significantly easier to be competent enough to kill someone with hypoxia rather than a cocktail of multiple constantly changing drugs administered by someone who had little training.

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    The state should never execute anyone because it implies two things that aren’t true:

    1. That the system is infallible.
    2. That a person doesn’t have the capacity to improve/rehabilitate.

    That being said. I’ll take this method over any other for sure.

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      I absolutely agree with you in the first point, but I think there are cases where person really doesn’t have the capacity, or we don’t want to try it. I think of mass murderers or child murderers or something like that. People who are going to spend their whole life in jail with life-sentence with no way of ever getting out and who cost the state money and are the reason why some people want death sentence back in my country for example. The first point still applies however and there are cases of people getting out of jail after ten or fifteen years when new evidence is discovered.

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      I agree with part 1, but the majority of people on death row do not deserve rehabilitation.

      • Shapillon@lemmy.world
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        What about the fact that death penalties usually cost more than life sentences without parole?

        • UID_Zero@infosec.pub
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          See point 1.

          The system isn’t infallible. There’s always a small (but non-zero) chance that they put an innocent person to death. There are multiple records of people being put to death and later being found innocent.

          That’s enough justification for me to abolish the death penalty.

  • Gamey@feddit.de
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    America is so fucking stuck in stone age, it’s schocking at times!

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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”

    • FlowVoid@midwest.social
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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.

      • st0p_the_q_tip@sh.itjust.works
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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.

        • FlowVoid@midwest.social
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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.

  • xmunk@sh.itjust.works
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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

    • ziggurat@lemmy.world
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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

  • 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?

  • some_guy@lemmy.sdf.org
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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.

  • 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?

    • 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.

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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.

    • viralJ@lemmy.world
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      That’s why apparently the execution squads are told that at least one of them has blank bullets. And why two doctors do the lethal injection procedure simultaneously, but one of them is injecting saline. This way everyone can legitimately think “maybe it wasn’t me who killed them”. I think I read in in “Behave” by Robert M. Sapolsky.

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    What an idiot, he’s just turned down the most humane and painless way to go. You don’t notice nitrogen suffocation, because your body ignores nitrogen in the air and determines you’re suffocating by a build up in CO2. Instead, you pass out in blissful hypoxia.

    I’m against the death penalty as a rule of thumb, but if you have to do it then it should only be done via nitrogen suffocation. Anything else is just a refelction of the vindictiveness of the people administering or pushing for the punishment - it doesn’t achieve anything, it doesn’t deter future crime, it’s just you getting your own back and trying to say it’s ok to harm others in this instance. If the goal is to remove them from society such that they don’t harm or cost society anymore, then this should be done without the kind of harmful intent that the criminal themselves demonstrated.

    Tbh though I imagine this is just the guy’s lawyer trying to do anything he can to delay the execution. There’s some small chance that the state could do something wrong during the hearings that leads to some benefit for the prisoner. However I can only imagine the regret the prisoner might feel as he’s on the receiving ends of one of the other methods.

      • TWeaK@lemm.ee
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        Yeah the difference is this method is actually promoted by the scientific community, rather than commercial interests. Nitrogen suffocation is used for assisted suicide.

        I just wish we’d use it for pork. However because it’s so hazardous to humans (boiling nitrogen releases gas that expands very quickly and expells all the oxygen in the room) we just stick with CO2, which is very easy because it’s heavier than air so you just have walkways to protect the people. With nitrogen, they’d require much more expensive safety measures to protect people working nearby. Also, CO2 causes a feeling of suffocation, leading to the pig lashing about and suffering, and possibly spoiling the meat somewhat.

        Electrocution is perhaps the worst. They actually limit the current, meaning it kills you a little more slowly or maybe not at all, because if they went full power they would literally cook the person and that would smell unpleasant for everyone else. Lethal injections aren’t much better, typically they paralyse the person first so they can feel themselves dying but not move to show any sign of it.

        I’m certainly keen to learn of any further downsides to nitrogen, but as far as I’m aware it’s the best thing going (out of a horrible bunch of ways to kill). Like I said before, I’m against the death penalty as a rule, but if you’re going to do it then it should be as painless as possible.

  • FrostbyteIX@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

    • ImmortanStalin@lemmygrad.ml
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      They’re going to freeze him, and then John Spartan will summarily execute him in a politically correct fascist regime in the future lol

    • 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.