The Supreme Court of Alabama is weighing whether to allow the state to become the first to execute a prisoner with a novel method: asphyxiation using nitrogen gas.

Sept 22 (Reuters) - The Supreme Court of Alabama is weighing whether to allow the state to become the first to execute a prisoner with a novel method: asphyxiation using nitrogen gas.

Last month, Alabama Attorney General Steve Marshall asked the court to allow the state to proceed with gassing Kenneth Smith, who was convicted of murder in 1996, using a face mask connected to a cylinder of nitrogen intended to deprive him of oxygen.

Smith’s lawyers have said the untested protocol may violate the U.S. Constitution’s ban on “cruel and unusual punishments,” and have argued a second attempt to execute him by any method is unconstitutional.

In a reply brief filed with the court on Friday, they called the nitrogen gas protocol “so heavily redacted that it is unintelligible,” and said Smith had not yet exhausted his appeals.

  • @FlowVoidEnglish
    1•8 months ago

    given that one could simply breathe out to empty their lungs

    When you breathe out, you don’t completely empty your lungs. Healthy adults have about 1L of air in their lungs after maximum exhalation, known as “residual volume”. By comparison, the maximum amount of air in the lungs is 4-6L.