Nitrogen Gas Used in First US Execution of 2024

Atmore, Ala., Alabama United States of America
During the execution, Smith convulsed on a gurney for two minutes before being pronounced dead.
The execution of Kenneth Eugene Smith on January 25, 2024 marked the first use of nitrogen gas as a method of lethal injection in the United States.
Nitrogen Gas Used in First US Execution of 2024

The execution of Kenneth Eugene Smith on January 25, 2024, marked the first use of nitrogen gas as a method of lethal injection in the United States. The execution took place at Holman Correctional Facility in Atmore, Alabama and was watched by five news reporters through a window. During the execution, Smith convulsed on a gurney for two minutes before being pronounced dead.

The use of nitrogen gas as an alternative to lethal injection has been controversial due to concerns about its safety and effectiveness. Critics argue that it may be more painful than other methods and could lead to unnecessary suffering. However, proponents of the method claim that it is a humane and painless way for inmates to die.

The execution of Smith was closely monitored by legal experts who were concerned about its legality. The U.S Supreme Court rejected Smith's request to block his execution late Thursday in a 6-3 decision with three liberal justices dissenting. This marked the first time that nitrogen gas had been used as an alternative method of lethal injection in the United States.

The use of nitrogen gas as a method of lethal injection is still relatively new and has not yet been extensively studied or tested. As such, it remains to be seen how effective this method will prove to be in practice. However, one thing is clear: the execution of Kenneth Eugene Smith marked an important milestone in the ongoing debate over capital punishment.



Confidence

80%

Doubts
  • The safety and effectiveness of using nitrogen gas as an alternative to lethal injection is still not fully understood.

Sources

65%

  • Unique Points
    • Alabama Attorney General Steve Marshall vowed to continue using nitrogen gas in executions and offered to assist other states interested in the novel method.
    • The execution of Kenneth Eugene Smith on Thursday evening by nitrogen hypoxia lasted roughly 30 minutes from the time it started to his time of death. He was conscious for several minutes into the execution and then appeared to shake and writhe on the gurney for two minutes before deep breaths until his breathing slowed.
    • The state had said in court filings that nitrogen hypoxia is painless because it causes unconsciousness in seconds, but one media witness said it took longer than expected for Smith to become unconscious and die.
    • Smith's lawyers argued that he feared he would vomit into the mask and choke, adding to his claims of cruel and unusual punishment.
    • The U.S. Supreme Court rejected Smith's request to block his execution late Thursday in a 6-3 decision with three liberal justices dissenting.
    • Alabama has 165 inmates on death row, and Marshall said that 43 others have also chosen nitrogen hypoxia over lethal injection as their preferred method of execution.
    • Two states, Mississippi and Oklahoma, have approved nitrogen hypoxia in executions in addition to other methods.
    • Nebraska state Sen. Loren Lippincott introduced a bill this month to make nitrogen hypoxia another option for death row inmates besides lethal injection.
  • Accuracy
    No Contradictions at Time Of Publication
  • Deception (30%)
    The article is deceptive in several ways. Firstly, the author claims that nitrogen hypoxia is a proven method of execution and causes unconsciousness within seconds. However, witnesses reported that Smith was conscious for several minutes into the execution and then appeared to shake and writhe on the gurney for two minutes before becoming unconscious. This contradicts the claim made by Marshall that nitrogen hypoxia is painless because it causes unconsciousness in seconds. Secondly, there are conflicting statements about when the nitrogen began to flow into Smith's mask, making it difficult to discern if he was conscious or not at certain points during the execution. Lastly, witnesses reported that Smith had dry-heaved into his mask and feared vomiting could choke him. This contradicts Marshall's claim that there are no risks associated with nitrogen hypoxia.
    • The author claims that nitrogen hypoxia is a proven method of execution and causes unconsciousness within seconds, but witnesses reported Smith was conscious for several minutes into the execution.
  • Fallacies (75%)
    The article contains an informal fallacy known as 'appeals to authority'. The author claims that nitrogen hypoxia is a proven method and cites the state's court filings as evidence. However, this does not necessarily mean that it has been scientifically tested or validated in a credible setting.
    • Bias (85%)
      The article contains a statement from the Attorney General of Alabama that nitrogen hypoxia is painless and causes unconsciousness in seconds. However, witnesses to the execution of Kenneth Eugene Smith on Thursday night by nitrogen gas reported that he was conscious for several minutes into the execution and then appeared to shake and writhe on the gurney for two minutes before becoming unconscious. The state had said in court filings that experts agree that nitrogen hypoxia is painless because it causes unconsciousness in seconds, but witnesses saw Smith thrashing violently against his restraints during the execution. This contradicts the claim made by Marshall and raises questions about whether nitrogen gas can be used as a safe and humane method of execution.
      • The Attorney General of Alabama claims that nitrogen hypoxia is painless because it causes unconsciousness in seconds.
      • Site Conflicts Of Interest (50%)
        The article discusses the execution of Kenneth Eugene Smith using nitrogen gas. The authors have a conflict of interest on this topic as they are reporting for a site owned by Alabama Attorney General Steve Marshall who is involved in the use of nitrogen gas executions.
        • Author Conflicts Of Interest (50%)
          The author has a conflict of interest on the topic of nitrogen gas as they are reporting on an execution that used this method. The article also mentions Alabama Attorney General Steve Marshall who is known for his support of lethal injection and Ken Smith who was convicted for soliciting murder-for-hire slayings, which could be seen as a personal relationship or affiliation with the topic.

          80%

          • Unique Points
            • The execution used nitrogen gas as the method of lethal injection.
            • During the execution, Smith convulsed on a gurney and took deep gasping breaths for at least two minutes before being pronounced dead.
          • Accuracy
            • The execution of Kenneth Eugene Smith on Thursday evening by nitrogen hypoxia lasted roughly 30 minutes from the time it started to his time of death. He was conscious for several minutes into the execution and then appeared to shake and writhe on the gurney for two minutes before deep breaths until his breathing slowed.
            • Alabama Attorney General Steve Marshall vowed to continue using nitrogen gas in executions and offered to assist other states interested in the novel method.
          • Deception (50%)
            The article is deceptive in several ways. Firstly, the title of the article implies that it will provide an eyewitness account of what happened during Kenneth Eugene Smith's execution. However, this is not entirely accurate as there are some parts missing from the eyewitness account provided in the body of the article.
            • The final words section does not mention any specific statements made by Smith that could be considered deceptive or misleading.
          • Fallacies (85%)
            The article contains several fallacies. Firstly, the author uses an appeal to authority by stating that Alabama Attorney General Steve Marshall characterized the execution as a 'textbook' execution without providing any evidence or context for this claim. Secondly, there is a dichotomous depiction of Smith's final moments as both cruel and experimental on one hand and peaceful on the other. This creates confusion and contradicts itself. Thirdly, there are inflammatory rhetorical statements such as 'Alabama causes humanity to take a step backwards'. These statements are not supported by evidence or facts presented in the article.
            • The author uses an appeal to authority when stating that Alabama Attorney General Steve Marshall characterized the execution as a 'textbook' execution without providing any evidence or context for this claim.
            • There is a dichotomous depiction of Smith's final moments as both cruel and experimental on one hand and peaceful on the other, creating confusion and contradicting itself.
            • The author uses inflammatory rhetorical statements such as 'Alabama causes humanity to take a step backwards'. These statements are not supported by evidence or facts presented in the article.
          • Bias (85%)
            The article contains examples of religious bias and monetary bias. The author uses the phrase 'cruel and experimental' to describe the new execution method which is not supported by evidence or facts presented in the article.
            • > Alabama Attorney General Steve Marshall characterized it on Friday as a “textbook” execution. <br> The Sennett family watched from a viewing room that was separate from the one where members of the media and Smith's attorney were seated.
              • The Department of Corrections had required Hood to sign a waiver agreeing to stay 3 feet away from Smith's gas mask in case the hose supplying the nitrogen came loose.
              • Site Conflicts Of Interest (100%)
                None Found At Time Of Publication
              • Author Conflicts Of Interest (0%)
                None Found At Time Of Publication

              74%

              • Unique Points
                • Alabama Attorney General Steve Marshall vowed to continue using nitrogen gas in executions and offered to assist other states interested in the novel method.
                • The execution of Kenneth Eugene Smith on Thursday evening by nitrogen hypoxia lasted roughly 30 minutes from the time it started to his time of death. He was conscious for several minutes into the execution and then appeared to shake and writhe on the gurney for two minutes before deep breaths until his breathing slowed.
                • The state had said in court filings that nitrogen hypoxia is painless because it causes unconsciousness in seconds, but one media witness said it took longer than expected for Smith to become unconscious and die.
                • Smith's lawyers argued that he feared he would vomit into the mask and choke, adding to his claims of cruel and unusual punishment.
                • The U.S. Supreme Court rejected Smith's request to block his execution late Thursday in a 6-3 decision with three liberal justices dissenting.
              • Accuracy
                • During the execution, Smith convulsed on a gurney and took deep gasping breaths for at least two minutes before being pronounced dead.
              • Deception (80%)
                The article is deceptive in several ways. Firstly, the author claims that Kenneth Smith would be unconscious within seconds during his execution with nitrogen gas. However, witnesses reported two to four minutes of writhing and thrashing and a longer period of heavy breathing which contradicts this claim. Secondly, the author states that nothing unexpected happened during the execution including what he describes as Smith's 'involuntary movements'. This is also false as witnesses described violent reactions to an execution which indicates something unexpected did happen. Lastly, the article presents nitrogen hypoxia as a new and untested method for executions when in fact it has been used before in Oklahoma and other states. The author fails to disclose this information or provide any evidence that nitrogen hypoxia is effective or safe.
                • The state of Alabama had said that when strapped to a gurney and fitted with a mask pumped full of pure nitrogen, Kenneth Smith would be unconscious within seconds during his execution. Proponents of the experimental method said it would be humane,
              • Fallacies (75%)
                The article contains several examples of an appeal to authority fallacy. The author cites the opinions and actions of various people without providing any evidence or reasoning for their claims. For example, the author states that 'Alabama Attorney General Steve Marshall described the execution as a success', but does not provide any information on what criteria he used to determine this. Additionally, the article contains several examples of inflammatory rhetoric fallacy. The author uses strong language such as
                • The state had said that when strapped to a gurney and fitted with a mask pumped full of pure nitrogen, Kenneth Smith would be unconscious within seconds during his execution.
                • <strong>Proponents of the experimental method</strong> said it would be humane, <em>'painless and quick.'</em>
                • Ultimately, the execution lasted about 22 minutes.
              • Bias (85%)
                The article discusses the execution of Kenneth Smith in Alabama using nitrogen gas. The author claims that this method is painless and quick but media witnesses describe two to four minutes of writhing and thrashing, and a longer period of heavy breathing. This contradicts the claim made by proponents that nitrogen hypoxia would be humane. Additionally, there are concerns about the reliability of this untested method as some experts warned it was unlikely to work as promised.
                • The media witnesses described two to four minutes of writhing and thrashing, and a longer period of heavy breathing during Kenneth Smith's execution.
                • Site Conflicts Of Interest (50%)
                  Jamiles Lartey has a conflict of interest on the topic of nitrogen execution as he is an advocate for abolishing the death penalty. He also has a personal relationship with Doyle Hamm who was executed by lethal injection in Alabama.
                  • Author Conflicts Of Interest (50%)
                    The author Jamiles Lartey has a conflict of interest on the topic of nitrogen execution as he is an advocate for abolishing the death penalty. He also has a personal relationship with Kenneth Smith who was executed by nitrogen hypoxia.