FEATURED POST

Capital Punishment in the United States Explained

Image
In our Explainer series, Fair Punishment Project lawyers help unpackage some of the most complicated issues in the criminal justice system. We break down the problems behind the headlines - like bail, civil asset forfeiture, or the Brady doctrine - so that everyone can understand them. Wherever possible, we try to utilize the stories of those affected by the criminal justice system to show how these laws and principles should work, and how they often fail. We will update our Explainers monthly to keep them current. Read our updated explainer here.
To beat the clock on the expiration of its lethal injection drug supply, this past April, Arkansas tried to execute 8 men over 1 days. The stories told in frantic legal filings and clemency petitions revealed a deeply disturbing picture. Ledell Lee may have had an intellectual disability that rendered him constitutionally ineligible for the death penalty, but he had a spate of bad lawyers who failed to timely present evidence of this claim -…

Alabama Senate approves nitrogen gas as execution option

The Alabama Senate on Tuesday voted to offer condemned inmates the option to die by nitrogen suffocation, a method of execution untested on humans but which supporters argue might provide a more humane method of death than other methods.

The bill, sponsored by Sen. Trip Pittman, R-Montrose, passed the chamber 25 to 8 after majority Republicans ended debate on the measure. It goes to the House of Representatives.

Like other states, Alabama faces challenges carrying out executions by lethal injection, its main method since 2002. The state has struggled to obtain supplies of sedatives needed for the procedure, and the current drug used – midazolam – has been criticized for not providing sufficient sedation to protect against the pain of the remaining two drugs, which paralyze the muscles and stop the heart.

Media witnesses to the execution of Ronald Bert Smith last December said Smith gasped and coughed for 13 minutes after receiving midazolam; the execution took 34 minutes. Smith’s attorneys said it showed “he was not anesthetized at any point during the agonizingly long procedure.”

Nitrogen hypoxia would involve placing a mask on a condemned inmate, or putting the individual in a chamber. The oxygen available would be replaced by nitrogen, resulting in death. Oklahoma approved it as an alternative execution method in 2015. Mississippi recently approved it as an alternative method.

Pittman argued nitrogen hypoxia -- in which an inmate, covered with a mask or secured in a chamber, has their oxygen supply replaced with nitrogen -- could provide a more humane method of execution.

"It leads to quick unconsciousness, (and) death without any residual issues with carbon monoxide," he said.

While executions by gas chamber occurred until 1999, the method typically involved the use of hydrogen cyanide. As with other execution methods, gas became controversial for long or drawn-out executions; witnesses said Jimmy Lee Gray, executed by gas in Mississippi in 1983, was seen smashing his head into an iron bar to achieve unconsciousness.

Nitrogen hypoxia has been used to euthanize animals, though guidance from the American Veterinary Medical Association recommends it chiefly for birds and encourages the use of a sedative if used on larger animals. But no state has carried out an execution using the method.

“As with a number of the proposed execution methods, it will involve human experimentation,” said Robert Dunham, executive director of the Death Penalty Information Center in Washington, D.C., an anti-death penalty group. “It’s obviously unethical to conduct experiments. It has not been used in involuntarily taking someone’s life.”

The proposal is an option; under the law, the primary method of execution would remain lethal injection. Inmates can also choose death by electric chair. If all three methods were found unconstitutional, the bill authorizes the Department of Corrections to employ a constitutional method of execution, such as firing squad.

Democrats objected to the bill.

"The (method) that has been passed has not been tested . . . we don’t know what it’s gong to cost us," said Sen. Bobby Singleton, D-Greensboro.

Pittman's bill initially would have allowed inmates to choose death by firing squad, but Pittman replaced it in a Senate committee earlier this month, saying hypoxia would be more humane.

The bill requires the Alabama Department of Corrections to develop the methods of nitrogen execution.

The Senate also approved legislation sponsored by Sen. Cam Ward, R-Alabaster, that would require condemned inmates appealing their sentence to raise collateral issues like the effectiveness of counsel at the same time they make their direct appeal of their sentence. The collateral issues, known as a Rule 32 appeal, are currently raised after direct appeal. The effect of the change, if passed into law, would shorten the appeals process on death sentences.

Source: Montgomery Adviser, Brian Lyman, April 18, 2017

⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

Comments

Most Viewed (Last 30 Days)

Harris County leads Texas in life without parole sentences as death penalty recedes

Idaho County commissioners take stand against death penalty

Texas: Reginald Blanton executed

Indonesian death penalty laws to be softened to allow reformed prisoners to avoid execution

USA: Executions, Death Sentences Up Slightly in 2017

Texas executes Anthony Allen Shore

Death penalty cases of 2017 featured botched executions, claims of innocence, 'flawed' evidence

Virginia Governor commutes death sentence of killer found mentally incompetent to be executed

Texas man with scheduled execution uses letters from fellow death row inmates to argue for reprieve

California: Death penalty sought against Redwood City man accused of sexually assaulting, killing infant