Death penalty of nitrogen hypoxia: cruel and unusual

Quinn Sullivan ’25

Today capital punishment remains an extremely controversial topic, as the United States is the only first-world country with the death penalty still in place. The most recently approved method of execution is nitrogen hypoxia or death by suffocation of nitrogen gas. This technique, which forces the subject to lethally inhale pure nitrogen—thereby displacing oxygen and leading to fatal oxygen deprivation—has been authorized in several U.S. states as an alternative to traditional methods of legalized killing. 

Advocates argue this could offer a more humane and fail-proof approach amid ongoing debates surrounding the ethics and logistics of lethal injections and other established methods. Recently, on January 25, the state of Alabama carried out the first execution of its kind, using nitrogen hypoxia. 

The man, Kenneth Smith, was convicted for the murder of Elizebeth Sennett in 1988. Charles Sennett Sr., Elizabeth’s spouse, hired Billy Gray Williams to kill his wife; Williams then recruited both Smith and John Forrest Parker to help him kill her. Kenneth Smith and Parker subsequently stabbed Sennett to death at her home. 

A week after her death, Charles Sennett Sr. committed suicide after finding he was a suspect in her murder. Williams, however, was sentenced to life in prison without parole and died there in November of 2020. Smith and Parker were both sentenced to capital punishment; Parker was executed by lethal injection in June 2010. 

In 2022, Smith was scheduled to die by lethal injection, but after hours of poking and prodding, the squad was not able to find a suitable vein for the injection to occur, so it was called off. After a settlement later that year, the state of Alabama granted that Smith would not face the lethal injection again, but instead, a different method: the newly legalized (in August 2023) nitrogen hypoxia. 

After losing his final appeal on the case to the U.S. Supreme Court, Smith was successfully executed.

The punishment began at exactly 7:53 PM, when Smith was laid down on a table, strapped in, and restrained to ensure minimal resistance. A mask was then put on his face to pump the nitrogen gas into his lungs. Despite state claims that it would be a painless death, witnesses reported: “Mr. Smith shook, convulsed, writhed, and gasped for minutes until he was pronounced dead at least 22 minutes after the execution began.” 

In the eyes of most, death by nitrogen hypoxia seems to be both cruel and unusual and should absolutely not be allowed.

As anyone might conclude, 22 minutes of “thrashing and writhing” seems like a painful execution. Smith’s last words were, “Tonight, Alabama caused humanity to take a step backward. I’m leaving with love, peace, and light. Thank you for supporting me. Love all of you.” 

Reporters claimed that he also signed “I love you” in sign language.

In the new and experimental Haverford Assembly, in which all Fifth Formers held a mock session of Congress, several bills were debated. One of the bills focused on banning the death penalty. Many strong points were made, in the wake of current events (specifically the case of Kenneth Smith), and most classes decided it was time for Capital Punishment to be prohibited. 

A common point referenced during the debate was the Eighth Amendment of the U.S. Constitution, which states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” 

In the eyes of most, death by nitrogen hypoxia seems to be both cruel and unusual and should absolutely not be allowed.