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January 21, 2024
Is Alabama going to be able to go forward with an historic execution this week?
Alabama has an execution scheduled for January 25 that would be historic in two ways: (1) it would be the first execution using nitrogen gas, and (2) it would be the first modern execution of a conemned prisoner whose execution failed in a previous attempt. Though Kenneth Eugene Smith is continuing to litigate in a effort to preclude his unique execution, I am (not-too-confidently) expecting his execution will go forward. Here is an abridged round-up of press pieces about this scheduled execution:
From the AP, "Alabama plans to carry out first nitrogen gas execution. How will it work and what are the risks?"
From CBS News, "Alabama readies never-before-used execution method that some veterinarians won't even use for pets"
From Courthouse News Service, "Federal panel hears appeal of pending nitrogen hypoxia execution"
From Fox News, "Minister attending nitrogen gas execution of Alabama prisoner asks state for extra safety precautions"
From The Marshall Project, "Vomiting, Seizures, Stroke: What Could Happen in the First Nitrogen Execution in the U.S."
From Popular Mechanics, "This Man Survived One Execution. Now, Alabama Will Try to Kill Him Again—With Nitrogen Gas."
January 21, 2024 at 07:49 PM | Permalink
Comments
Death is a legal and, according to responsible polling, publicly supported punishment for murder. And of course death often comes with pain. That's how biology works.
Of course Mr. Nicey here could have avoided the whole problem by acting like a roughly normal person. He made a different choice, so the consequences are on him not us, the relentless complaining of the defense bar notwithstanding.
Posted by: Bill Otis | Jan 21, 2024 8:22:32 PM
I should probably add that the real fear of the anti-DP crowd is not that the execution will get fumbled but that it will work just fine, thus putting a dent in their scare-mongering tactics as the use of nitrogen gas spreads. I wish they would just say so, but hoping for that degree on honesty would be naive.
Posted by: Bill Otis | Jan 21, 2024 10:10:08 PM
What I wonder is whether Mr. Smith is one of those inmates who was proposing using nitrogen instead of lethal injection prior to the first attempt to execute him.
Realistically, any effort to make executions more humane will always involve "experimenting" with a change to the current method -- whether that is tinkering with the drugs used for lethal injection or going to a different method entirely. When states moved to lethal injection, it was based on the experience of using something similar to euthanize animals. The same thing is true of nitrogen hypoxia. So there is some relevant experience which is the basis of this "experiment" and the primary issue is how does our knowledge of these forms of euthanasia translate from humanely putting an animal to death to putting a human to death.
Posted by: tmm | Jan 22, 2024 9:25:26 AM
Maybe the guillotine is the most humane.
Posted by: federalist | Jan 22, 2024 9:46:20 AM
I suppose SCOTUS would proceed like they did in Baze v Kentucky. Plus, possibly the separate 8th Amendment claim already filed.
Posted by: DaveP | Jan 22, 2024 10:29:26 AM
https://www.al.com/news/2024/01/alabama-clowns-around-with-nitrogen-hypoxia-execution-what-could-go-wrong.html
This guy is an idiot.
Posted by: federalist | Jan 24, 2024 9:55:26 AM
I believe the author of that piece, federalist, is a cartoonist. Whatever you might think of his legal takes, my students would likely tell you my ability to draw is surely worse.
Posted by: Doug B | Jan 24, 2024 10:05:35 AM
The piece is a primal scream. Just silly.
Posted by: federalist | Jan 24, 2024 12:54:53 PM
SCOTUS denies the defendant's dilatory motion without dissent. It appears that the execution will at last proceed. https://www.nytimes.com/2024/01/24/us/alabama-nitrogen-execution.html
Posted by: Bill Otis | Jan 24, 2024 10:56:14 PM