Move follows Alabama’s recent killing of death row inmate Kenneth Smith using previously untested method

Three of the largest manufacturers of medical-grade nitrogen gas in the US have barred their products from being used in executions, following Alabama’s recent killing of the death row inmate Kenneth Smith using a previously untested method known as nitrogen hypoxia.

The three companies have confirmed to the Guardian that they have put in place mechanisms that will prevent their nitrogen cylinders falling into the hands of departments of correction in death penalty states. The move by the trio marks the first signs of corporate action to stop medical nitrogen, which is designed to preserve life, being used for the exact opposite – killing people.

The green shoots of a corporate blockade for nitrogen echoes the almost total boycott that is now in place for medical drugs used in lethal injections. That boycott has made it so difficult for death penalty states to procure drugs such as pentobarbital and midazolam that a growing number are turning to nitrogen as an alternative killing technique.

Now, nitrogen producers are engaging in their own efforts to prevent the abuse of their products. The march has been led by Airgas, which is owned by the French multinational Air Liquide.

  • NobodyElse@sh.itjust.works
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    1 year ago

    Nitrogen hypoxia sounds like one of the best ways to die, without pain or panic, but I completely understand why no company wants to be the supplier of the means of executing people. Small volume, small profits, extreme controversy. What’s to want there?

    • Maggoty@lemmy.world
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      1 year ago

      Sure. If it was done correctly and we could trust the justice system to not kill innocent people. However they figured out the cruelest way to do it and SCOTUS ruled we have to kill innocent people even if all the evidence says they’re innocent because it might hurt the court’s reputation of they back down.

      • Blumpkinhead@lemmy.world
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        1 year ago

        SCOTUS ruled we have to kill innocent people even if all the evidence says they’re innocent because it might hurt the court’s reputation of they back down.

        I’m not familiar with this. Is this something that actually happened?

        • joel_feila@lemmy.world
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          1 year ago

          yes more then once. Most recently the supreme court ruled you can’t bring new evidence to an areal. Why? because it would undermine the state right to be sure of their decision. Also note that the most successful way to win an appeal on a criminal case was to bring new evidence that showed your defense did not do their job or the prosecution withheld evidence that showed your innocence.

        • Maggoty@lemmy.world
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          1 year ago

          Shinn V Ramirez, 2022.

          They were arguing ineffective counsel post conviction because evidence wasn’t submitted that could have shown Ramirez was innocent. Lower courts agreed, citing previous SCOTUS rulings. SCOTUS decided federal courts must be bound by the original evidence only.

          Money Quote -

          Two of those costs are particularly relevant here. First, a federal order to retry or release a state prisoner overrides the State’s sovereign power to enforce “societal norms through criminal law.” Calderon v. Thompson, 523 U. S. 538, 556.

          Second, federal intervention imposes significant costs on state criminal justice systems. See, e.g., Wainwright v. Sykes, 433 U. S. 72, 90. Pp. 6–8.

          (Separated for clarity)

          Personally I love how they say we need to respect a state’s right to enforce social norms. With the death penalty. Because those are equivalent things. Betty doesn’t like to mow her lawn. She likes to let her neighbor Lucy do it. Off to the chair for her! Okay jokes aside what they mean is their power to make laws, enforce laws, and have a court system.

          And then it’s too expensive? Really? I’m not going to be surprised when we end up with the purge only instead of being everywhere it’s actually when the air raid siren goes off during yard time at the prison.

      • GBU_28@lemm.ee
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        1 year ago

        Yeah you need to be in a chamber where your exhaled co2 is so immediately diluted that you get no feedback from it. I believe the current attempts used normal medical masks

    • AFK BRB Chocolate@lemmy.world
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      1 year ago

      If “right to die” laws become more of a thing, this would be the most compassionate way of doing a home suicide kit. I wonder if the manufacturers would oppose that as well, or only executions.

      Like you said, there’s not much in it for them either way.

    • NatakuNox@lemmy.world
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      1 year ago

      It sounds like a reasonable way to die when the individual doesn’t know what’s going on or is accepting/willing. As an execution method it’s shit.

      • DreamlandLividity@lemmy.world
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        1 year ago

        Well, disregarding the normal fear of death that would be there regardless of the method, I think the issue is the mask. It would be much better to just fill the room with N2. You can do this easilly enough by evaporating liquid N2. Of course, this would not be “medical grade” so people would complain just to complain.

        • BreakDecks@lemmy.ml
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          1 year ago

          We could also just not kill people. Kinda seems to be at the root of this problem.

          • DreamlandLividity@lemmy.world
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            1 year ago

            I could not agree more. People should stop murdering people so there is no need for the death penalty.

            Keep in mind this guy thought it was fine to kill someone for $1000. Not any hatred or psychological issue or ideology. Just a bit of cash.

            • BreakDecks@lemmy.ml
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              1 year ago

              “Why do we kill people who kill people to show that killing people is wrong?”

              -Holly Near

            • captainlezbian@lemmy.world
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              1 year ago

              Or we could just not retaliate with execution. We could follow the evidence that execution doesn’t reduce crime rate or severity and to not make murderers of the state

              • DreamlandLividity@lemmy.world
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                1 year ago

                Its this flawed argument on repeat. You just start assuming that killing a murderer (“life for a life”) is somehow automatically wrong and then use it to show death penalty is wrong.

                Why is “life for a life” somehow unfair demand for the premeditated murderers? What is this based on? Or just repeating it because you heard it so often.

                • captainlezbian@lemmy.world
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                  1 year ago

                  Youre Right I’m just parroting the idea that killing is bad. Definitely not from a belief that punitive justice is ineffective at reducing crime, that we as a society must be better than our worst people, and a deep terror informed by history at the idea of a government having the power to decide to kill its own citizens.

                  Like seriously this is fucking gas chambers in Alabama and some people aren’t just horrified by where that might go?

                  • DreamlandLividity@lemmy.world
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                    1 year ago

                    You mix two very different issues. Whether our corrupt governments should have the power to execute people, which they shouldn’t but its not what this article is about. Also, since they had this power since like the beginning of written history, I kind of am too used to it to be horrified.

                    And if we are executing people, what the method should be. Electric chair is something that actually horrifies me. So if we at least get a 100x more humane method, it is a win in my book. Certainly not gonna loose sleep because it has association with Nazis. So does VolksWagen and Fanta.

            • Moobythegoldensock@lemm.ee
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              1 year ago

              this guy thought it was fine to kill someone for $1000

              And we have the capacity to be better than that.

              There was no compelling need to execute him. If such a compelling need did exist, it would have presented itself in the past 36 years where he was in custody but not executed. But it didn’t, so the state just waited until some arbitrary time to tick a box that didn’t need to be ticked.

              • DreamlandLividity@lemmy.world
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                1 year ago

                My fundamental issue is with the “better than that”. I really don’t see why letting a cold blooded murderer off lightly would be the better way.

                • Moobythegoldensock@lemm.ee
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                  1 year ago

                  What do you mean by “off lightly?” They’re still getting punished while serving a life sentence. The punishment stops when the lights go out.

                  • DreamlandLividity@lemmy.world
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                    1 year ago

                    Do you actually believe that life imprisonment and death are the same level of punishment? And if yes, why would it matter which one we use?

                    If it is not the same, then how are they not getting of lightly for ending someone elses life?

                • afraid_of_zombies@lemmy.world
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                  1 year ago

                  Well prison for decades doesn’t seem very light to me. I have never been granted but from those that have I have heard most wouldn’t recommend it.

            • afraid_of_zombies@lemmy.world
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              1 year ago

              Still not enough. I have had the same stance for a long time. The death penalty should only be used, if ever, for crimes so bad that to not use it is to say thr crime was as bad as regular murder. Warlords who commit genocide level.

            • quindraco@lemm.ee
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              1 year ago

              People should stop murdering people so there is no need for the death penalty.

              What need is that, exactly?

              Keep in mind this guy thought it was fine to kill someone for $1000. Not any hatred or psychological issue or ideology. Just a bit of cash.

              You don’t know that. You think that, and there’s evidence to support it, but you don’t know it.

              • DreamlandLividity@lemmy.world
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                1 year ago

                As I wrote in a different thread, yes, I agree we should not have death penalty due to the high possibility (inevitability?) of executing innocent people.

                I just don’t see any moral issue with executing actual murderers with N2, just the practical issue of not being able to precisely determine who the murderers are.

            • NatakuNox@lemmy.world
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              1 year ago

              Why do you even care which way they kill people then? Trying to take the moral high ground, when you’re just as blood thirsty as the condemned.

              • DreamlandLividity@lemmy.world
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                1 year ago

                That’s a ridiculous argument. If I believe a bank robber should be stopped from robbing a bank using force, can’t I also demand the force is not excessive?

                Thinking death is an appropriate punishment and torture isn’t is not contradictory.

                  • DreamlandLividity@lemmy.world
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                    1 year ago

                    I literally said the opposite. Just because I don’t believe people should be allowed to rob banks, I don’t believe they should be killed or maimed for it.

                    Just because I believe the death penalty is just does not mean I believe people should be tortured.

        • Gork@lemm.ee
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          1 year ago

          Yeah the mask and timing is what caused that one prisoner to be in so much suffering since he knew it was going to happen imminently so he held his breath.

          If it were done gradually over a period of like 30 minutes, he likely wouldn’t have noticed and just drifted into unconsciousness.

          • Captain Aggravated@sh.itjust.works
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            1 year ago

            …No, you’d notice. When you’re in that “not quite enough oxygen in the room” scenario, you get tingles and headaches and such. It kinda sucks. Though I think I’d rather die that way than those gas station lethal injections they’ve been doing.

        • NatakuNox@lemmy.world
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          1 year ago

          Just not true! The execution method requires a willing or unconscious victim. Why do people think any type of asphyxiation will be nice and peaceful regardless of the gas used? (yes I understand the “science” behind using this gas.) but what if the person holds their breath, or account for the added adrenaline, or the person hyperventilating. I can go on. It’s not medically sound way to execute people. Honestly, this is the same lies they pushed about previous humane execution methods. “it’s painless, the science is sound.” I promise you, after about 5 more “botched” executions using this N2 method it’ll be abandoned.

          • Captain Aggravated@sh.itjust.works
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            1 year ago

            “What if the person holds their breath?”

            Then it’ll take maybe a minute longer, and their last words are gonna be “BUH! Huh! Huh! Huh! …huh.”

            “or account for the added adrenaline”

            No oxygen in brain, brain die. I think you lied about understanding the science.

            “or the person is hyperventilating”

            Yeah, what if they breathe no oxygen faster?

          • DreamlandLividity@lemmy.world
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            1 year ago

            Is there a medically sound way? What does “medically sound” even mean? Theere is no patient who is supposed to survive.

            It is the best way of execution I can think of short of explosives near brain.

            • NatakuNox@lemmy.world
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              1 year ago

              That’s the point you pull out and try to focus on? “Humane” executions always had a medical backing for why it world work.

              Then the you try to say “is the best way of execution I can think of short of explosives near the brain.” oh really that’s the best you can think of? Shows how flawed and warped your understanding of this is. If you honestly want to make it as quick and painless in pretty sure the French figured that out back in 1789. But Ya let’s blow up people’s heads with c4.

              • DreamlandLividity@lemmy.world
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                1 year ago

                Your brain can function without oxygen for over 30 seconds. I see no reason why it wouldn’t in a detached head.

                The guillotine suffer from the same issue most execution methods used until now, they only seem “quick and painless”. Nitrogen gas actually is painless.

                • NatakuNox@lemmy.world
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                  1 year ago

                  Nitrogen gas will be found to be unsuitable for execution. I just hope people wake up to this before more people are tortured to death.

                  • DreamlandLividity@lemmy.world
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                    1 year ago

                    I really would like to know: The people who object to N2, if you could pick any reasonably practical execution method (but it has to be execution, no death by old age), what would you pick?

              • Scubus@sh.itjust.works
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                1 year ago

                Ah yes, the ole “let’s bring back the guillotine that left you alive and semi conscious for up to 30 seconds while your head rolls around” argument. Such humane, much wow