The Eighth Amendment to the United States Constitution states that no person shall have cruel and unusual punishments inflicted upon them. Now, a new method of execution has people wondering whether or not the government is fully adhering to the laws set forth by our founding fathers. 

On Thursday, January 25, Alabama prisoner Kenneth Smith was executed using a new method called “nitrogen hypoxia”. Nitrogen hypoxia aims to deprive an individual of oxygen through inhalation of lethal amounts of pure nitrogen via a gas mask. The procedure essentially suffocates the victim with nitrogen gas until they die.

The prisoner, Kenneth Smith, had previously survived a failed lethal injection in 2022 that left him in severe pain. As a result, he agreed to be the first test subject for nitrogen hypoxia to escape a second lethal injection. 

Before his execution, Smith addressed the many reporters, saying, “Tonight, Alabama caused humanity to take a step backward. I’m leaving with love, peace, and light. Thank you for supporting me. Love all of you.”

According to media witnesses, Smith began to shake and writhe a few minutes into the execution. Reverend Jeff Hood, another witness and the spiritual advisor of Kenneth Smith said that when the execution started, Smith popped up on the gurney and began to convulse and gasp heavily. The entire process took approximately 15 minutes. 

Following the execution, Alabama Attorney General Steve Marshall told reporters that the execution had been completely “textbook” and that he was prepared to assist in the implementation of nitrogen hypoxia in other states. Conversely, members of both the United Nations (UN) and European Union (EU) have called for the abolition of nitrogen hypoxia, citing it as “cruel and unusual” and “inconsistent with the fundamental right to life.”

Nitrogen hypoxia is the first new method of execution in the US since lethal injection was introduced in 1982. Advocates for the use of nitrogen hypoxia have claimed that the method is painless. However, skeptics believe that the prospect of a failed execution is too risky, and the consequences could leave the inmate in severe pain. 

This new form of execution will likely begin to spread to other states as it is used more often. According to CNN, 43 other inmates aside from Smith have already requested to be executed via nitrogen hypoxia. The success or failure of the next few executions will determine whether or not the method will be implemented in prisons across the country. Regardless, Americans are left to wonder if nitrogen hypoxia is truly as “humane” as it’s advertised to be, or if it should rather be described as “cruel and unusual”.