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?

      • 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.

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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.

      • QuinceDaPence@kbin.social
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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.

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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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      Moat likely, but since qualified people don’t participate in executions it will probably end up being done wrong and he will suffocate to death with carbon dioxide and suffer horribly in a different way.

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        Unlikely, unless the nitrogen flow rate is way too low. Even then, it would take a considerable amount of time.

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          They keep fucking up injections, do you think they are going to get airflow stuff right?

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              You would think so, but the people who are fucking up injections are making even more basic mistakes than the amount of chemicals. They are extremely likely to mess up the seals, the equipment that has the valve, and a ton of other steps that would make the process work successfully.

              One third of executions in 2022 were botched. Why would a new method have a higher success rate?

              • SamboT@lemm.ee
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                Why would you assume a new method would have the exact same success rate as different methods?

                • snooggums@kbin.social
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                  Because I assume the same incompetent people will be trying something new and therefore more likely to fuck it up.

            • HerbalGamer@lemm.ee
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              1 year ago

              Pedophiles usually don’t want to be pedophiles and won’t act on their desires; they’re just quietly suffering from mental illness and just their existence shouldn’t change someone’s stance on the death penalty.

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                Yeah, I’m talking about the pedophile who do act on their desires.

                Sorry that needs to be spelled out for you.

                Glad we can both agree they deserve the death penalty.

                • butterflyattack@lemmy.world
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                  I agree that there are some crimes so horrible that the offenders no longer deserve to live. The trouble is that I don’t trust police and the courts to correctly identify the guilty all of the time. Until there’s a system that can prove guilt with 100% accuracy we shouldn’t have a death penalty.

  • Lowlee Kun@feddit.de
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    1 year ago

    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.

    • Jax@sh.itjust.works
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      Apparently it’s a hot take: there are people who exist that we would all absolutely be better off were they dead.

      This guy was someone who was paid to kill another person for a thousand dollars. This is not just “a citizen” unless you’re saying it makes sense to keep people around in society that will fucking murder someone for less than a months pay.

      • Thief_of_Crows@sh.itjust.works
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        Even if you’re right, that doesn’t mean we should actually kill them. People are people, they should be treated as such. We can throw them in jail far easier, and to the rest of us, it’s equivalent to them being dead.

      • Alien Nathan Edward@lemm.ee
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        Counterpoint: Given the number of people in government who said government should murder me because of the rainbow pin on my lapel, I don’t want government to have the power to murder anyone even if we all agree they deserve it. What makes you think that this is the one thing the government is competent at?

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        That’s what they say, even keeping him locked up for life would be cheaper. Also how do you decide what’s gruesome enough to justify killing people, what about wrongfully convicted people they do exist and they got murdered. There are so many good arguments against and do few if any for the death penalty it’s mind-blowing to me how any more or less democratic society doesn’t abolish it.

      • Lowlee Kun@feddit.de
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        I never said this is a person that society needs to keep around.

        I do not believe that living is a right that can be earned or unearned. It is a right everyone has. If a person is unfit for society they need to be seperated from society. If that means having them in prison for live than that is what we should do. Killing them is done for one purpose mainly: Because it gives some people a sense of justice. This sense of justice however is false as the only justice would be to undo what was done.

        • Jax@sh.itjust.works
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          Congratulations, the laws of reality disagree with you. When authoritarians are knocking down your door to tear your life apart, remember: you decided to let them live.

          • Alien Nathan Edward@lemm.ee
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            When the authoritarians are knocking down your door you’ll think “I wish I had given the government more power to kill people. Only when the government can legally kill people are we safe from tyranny.”

          • Lowlee Kun@feddit.de
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            Nice. If someone disagrees with you they are diasgreeing with reality? Sure makes sense. And nobody told me i personally can decide who is going to live. Damn man, now i feel bad about all those executions i could have stopped.

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        Here’s the thing though.
        I agree 100% that the world is probably better off without this asshole in it.
        But I don’t think we should be doing that. For every one of these guys, you’ll have another guy who got railroaded by a crooked prosecutor, or who will later be proven innocent with better DNA testing. There’s just no way to be sure every one is ‘good’, and I’d rather let bad people live than accidentally kill good people.

  • 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.

  • 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?

  • onionbaggage@lemmynsfw.com
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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.

  • gears@sh.itjust.works
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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”

    • 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.

  • tallwookie@lemm.ee
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    a convicted mercenary who participated in insurance fraud doesnt want to lab rat? that’s fair but he’s going to die one way or the other. not sure why it matters how the process is carried out, though replacing all oxygen with nitrogen in an enclosed space rather straightforward.

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    I don’t know much about asphyxiation but it does not sound comfortable. Concerning lethal injection, it’s not certain how much pain the paralyzed body feels as the heart is being stopped – have there been EEG studies?

    I would prefer execution by firing squad.

    • Venutianxspring@lemmy.dbzer0.com
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      It’s supposed to be very painless. If I remember correctly your body can’t tell the difference between oxygen and nitrogen so you don’t have a feeling of lack of air, just continue breathing normally then fall asleep and expire.

      • XTL@sopuli.xyz
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        Generally, the build up of CO2 is what triggers pain and panic of asphyxiation. Oxygen displacing gases certainly do cause fast unconsciousness and brain damage. Would seem very likely that nitrogen works well.

    • WVbrU@lemmy.world
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      The human body can only detect a buildup of carbon dioxide in the lungs, not a lack of oxygen. This is why it’s uncomfortable to hold your breath for a long time. If you inhale pure nitrogen while being able to exhale, there is no build up of CO2 and therefore little to no discomfort.

      Wikipedia cites a USAF text, saying: “Some individuals experience headache, dizziness, fatigue, nausea and euphoria, and some become unconscious without warning.”

    • FuglyDuck@lemmy.world
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      have there been EEG studies?

      there have and it’s horrendous.

      In any case, displacing oxygen with nitrogen is one of those things that you’d never notice until it was too late. because your body bases it’s breathing off how much air your sucking in, you don’t even start hyper ventilating.

    • QuinceDaPence@kbin.social
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      There’s plenty of knowledge about the effects of nitrogen from it being a workplace hazard in a lot of places.

      One example is anchor chain lockers on ships. That big iron chain that just came out of the salt water wants to turn into iron oxide so it absorbs all the oxygen making the environment extremely nitrogen rich. In several cases people have been climbing down into it and without warning go unconscious. I think one case had three dead at the bottom before the fourth guy comes along with some brains and thinks maybe I shouldn’t go down there.

    • Zombiepirate@lemmy.world
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      Seriously, who gives a fuck about boring legal motions when we’re about to give the blood god his due?!

      Sacrifice! Sacrifice!

      We’re so fuckin’ horny for it!!

      • deft@ttrpg.network
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        This comment was funny but your argument with this guy became kinda dumb.

        This dude forfeited his life for crimes he absolutely unequivocally committed. How he is killed, he has no right to decide. We the people do. Original commenter dude has a rough take but it isn’t that cruel, fuck murderers they’re fortunate we the people dislike violence and actively seek humane executions.

        • Zombiepirate@lemmy.world
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          But the US justice system has proven time and again that it is not to be trusted with killing prisoners.

          We have literally thousands of examples of innocent people being killed due to faults in our justice system; how many innocent people are acceptable to kill to keep this failure of an institution standing?

          Life in prison is both less expensive and leaves the situation open to remuneration in the case of wrongful conviction.

      • Hazdaz@lemmy.world
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        Make sure the pentagram is nice and even. Remember, the inside angle is 36 degrees.

        Even those who defend murderers should learn to use a straight-edge and compass.

        • Zombiepirate@lemmy.world
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          Where did I defend a murderer?

          I’m thirsty for their blood just like you!

          There’s nothing more important than killing people who we’ve already removed from society; how else are we going to satisfy our horniness?

          • Hazdaz@lemmy.world
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            Still breathing our air. I guess those who defend convicted murderers enjoy breathing in what they exhale. Do you want to fluff up their pillow too?

            • Zombiepirate@lemmy.world
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              You keep saying I’m defending a murderer when I just want to get my rocks off like you.

              Unless fluffing their pillow makes you climax better? I’m into it if you are.

              And fuck them for taking all of our air! We need that shit!

              • Hazdaz@lemmy.world
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                We do need that shit. luckily no matter what all the murderer defenders come up with, this asswipe is dead-man-walking.