Skip to main content

USA | Controversial execution in Alabama renews the fight over capital punishment

The state is using a new untested method that’s prompted backlash.

A controversial Alabama execution taking place on Thursday has reignited scrutiny of the death penalty and highlighted the enduring nature of the practice despite attempts to end it.

Physicians and human rights experts have condemned the execution — which relies on an untested method known as nitrogen hypoxia — because there are concerns it could be painful and inhumane. 

Alabama is planning to use this method on an inmate named Kenneth Smith [This article was published on Jan. 25, 2024. Kenneth Smith was executed on Jan. 26] after the state botched his first scheduled execution in 2022 when it couldn’t find an accessible vein for a lethal injection. Smith was sentenced to the death penalty after he was convicted of capital murder in 1988.

Using nitrogen hypoxia, the state will place a mask over Smith’s head that contains nitrogen instead of oxygen, an action that will eventually suffocate him.

Though a slim majority of Americans still back executions — Gallup’s November 2023 polling found a new low of 53 percent to be in favor of executing convicted murders — support has been declining for three decades, since a peak in 1994. Medical and ethical questions have also led critics to call for the abolition of the death penalty. And Gallup found that, for the first time, more people now feel the death penalty is unfairly applied than those who believe it’s fairly applied.

These stances have gained steam in recent years, with some pharmaceutical companies refusing to supply lethal drugs and equipment to conduct executions. Corporations like Pfizer and Johnson & Johnson are among those that block the sale of drugs and medical supplies for this purpose. Politically, the idea has begun to take hold as well. As part of his presidential policy platform in 2020, President Joe Biden said he’d work to abolish the federal death penalty, a proposal he’s been scrutinized for failing to follow through on. More than 20 states have also abolished the death penalty.

States like Texas, Florida, and Alabama have held out against this pressure, arguing that the death penalty is a fitting punishment and deterrent against violent crime. These states’ insistence on using the death penalty in an environment where there are fewer avenues for killing people has also led them to embrace more extreme measures, like firing squads and nitrogen hypoxia.

Alabama’s decision to pursue an untested method only adds to longstanding concerns that have been raised about the death penalty, while underscoring how committed some states are to keeping it.

The ongoing fight over the death penalty, briefly explained


Critiques regarding the use of capital punishment have increased in the last decade as opponents have emphasized the racial disparities in its application, identified worries about how humane it is, and cited cases when innocent people have been convicted. Among the chief problems that have been raised are that people of color are much more likely to be sentenced to executions than white defendants and evidence that it does little to deter violent crime.

Ethical concerns are also a major part of the equation. Smith’s attorneys have argued, for instance, that the state may not be able to conduct his execution without concerning side effects that draw out the killing. There are also worries that Smith could choke during the process if he vomits while it’s taking place. And as UN human rights officials have warned, nitrogen hypoxia could “amount to torture or other cruel, inhuman or degrading treatment.”

Lawyers for the state of Alabama, meanwhile, have defended the practice and said that it will be painless, that Smith will be unconscious within seconds. Similar methods have also been used in assisted suicides in Europe. In recent weeks, Smith’s counsel put in a last-ditch plea to block the execution on the grounds that it violates his constitutional protections against “cruel and unusual punishment,” but the Supreme Court declined to do so.

“I think the various practical problems of the death penalty have generated a public opinion movement against it,” says Frank Baumgartner, a political science professor at the University of North Carolina at Chapel Hill who has specialized in the study of capital punishment. “It started with innocence but has spread to botched executions, cost overruns, time delays, [and] lack of deterrence value.”

Democrats, in particular, have embraced efforts to roll back or get rid of the death penalty entirely. In the Gallup survey, just 32 percent of Democrats said the death penalty should be applied to someone who committed murder while 81 percent of Republicans said the same.

Actions by Republican-led states, like Alabama, have underscored the contrast between the two parties. Those who favor the continued application of capital punishment argue that it deters violent crimes, that it’s fitting retribution for crimes like murder, and that it brings justice to the families of victims. The case for the death penalty is also often made in conjunction with other “law and order” rhetoric during times when violent crime rates are high.

The use of the death penalty overall, however, has been on the decline. Although 27 states still allow the death penalty, 14 of those have not conducted any executions in the past 10 years, according to CNN. Executions have dwindled since 1999, which marked a recent high when nearly 100 people were killed. In 2023, 24 people were executed across five states.

These declines are due to political backlash toward capital punishment, changes in the law that have raised the legal bar for such sentences, declines in crime in recent decades, and better representation for capital defendants.

“I think anytime a state engages in a highly controversial act concerning the death penalty, it adds one more pebble on top of a pebble mountain of opposition,” says Deborah Denno, a Fordham University law professor who has specialized in the study of capital punishment. “That said, the death penalty is deeply rooted in the US — it’s part of our identity — and it’s going to take a massive number of pebbles to change that fact.”

Source: vox.com, Li Zhou, January 25, 2024

_____________________________________________________________________










SUPPORT DEATH PENALTY NEWS





Most viewed (Last 7 days)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.