Alabama Set for Second Nitrogen Execution Amid Controversy

Alabama is preparing to carry out its second execution using nitrogen asphyxiation, a method that has sparked significant controversy since its introduction earlier this year. Alan Miller, convicted of a triple homicide in 1999, is scheduled to be executed on September 26, 2024, at 6 p.m. at the Holman Correctional Facility in Atmore, Alabama.

This execution comes eight months after the state pioneered the use of nitrogen asphyxiation in January 2024, when it executed Kenneth Smith. The method, which involves replacing oxygen with nitrogen to cause death by hypoxia, has been touted by Alabama officials as "the most painless" execution method available. However, the first execution using this technique did not proceed as smoothly as anticipated, with witnesses reporting that Smith appeared to struggle for several minutes before losing consciousness.

The use of nitrogen asphyxiation for executions has drawn criticism from various quarters. Senior U.N. human rights officials have condemned the practice, suggesting it may constitute torture or cruel and inhuman treatment. The Biden administration has also expressed deep concern about the new method. These reactions reflect a broader international trend, as the United Nations has called for a global moratorium on the death penalty, and the European Union prohibits the export of drugs that could be used for executions.

Miller filed a lawsuit against Alabama, seeking assurances about the proper implementation of the execution method. His concerns included the proper fitting of the mask and testing of its seal to prevent oxygen seepage. The litigation concluded with a confidential settlement, but the Alabama Department of Corrections has not disclosed whether any changes have been made to its gassing protocol.

Alabama's Attorney General Steve Marshall has defended the method, describing Smith's execution as "textbook." The state has even offered to assist other jurisdictions in adopting nitrogen-asphyxiation executions, presenting it as a simpler alternative for states struggling to obtain lethal-injection drugs.

This shift in execution methods comes as the United States grapples with ongoing debates about capital punishment. As of 2024, 27 states still retain the death penalty, making the U.S. the only Western country to continue this practice. However, the rate of executions has been declining since the late 1990s, and several states have imposed moratoriums on the practice.

The controversy surrounding nitrogen asphyxiation is part of a larger trend of scrutiny on execution methods. Lethal injection, introduced in 1982 and long considered the most humane method, has faced challenges in recent years. Pharmaceutical companies, under pressure from advocacy groups, have increasingly refused to supply drugs for executions. This has led some states to explore alternative methods, with Alabama at the forefront of this shift.

The use of nitrogen asphyxiation raises complex legal and ethical questions. The Eighth Amendment to the U.S. Constitution prohibits cruel and unusual punishment, and critics argue that this new method may violate this provision. Additionally, the potential for complications during the execution process has raised concerns about the method's reliability and humaneness.

As Alabama proceeds with its second nitrogen asphyxiation execution, the eyes of the nation and the international community will be watching closely. The outcome of Miller's execution could have significant implications for the future of capital punishment in the United States and may influence ongoing debates about the ethics and legality of the death penalty.

"Smith's execution was textbook."

This controversial execution method underscores the ongoing challenges and debates surrounding capital punishment in the United States. As international pressure mounts and more countries move towards abolition, the U.S. remains an outlier among Western nations in its retention of the death penalty. The coming years may see further legal challenges and policy shifts as the country continues to grapple with this complex and divisive issue.