Death Penalty Series Three States to Try Untested Method for Executions

The use of an experimental drug for lethal injections has drawn sharp criticisms.

Death Penalty Series Three States to Try Untested Method for Executions

In recent years, it has become increasingly difficult to procure the drugs that used for lethal injections. Drug companies have refused to supply the active ingredients used to make the cocktail of medications used for executions, and so states have been left to find their own alternatives — often with disastrous results. After a number of botched executions, some states are looking towards a new method of executing convicts: inhaling nitrogen gas.

Oklahoma, Alabama and Mississippi have each authorized the use of nitrogen for executions, and are in the process of developing procedures for using this drug. However, there is no scientific data on using nitrogen gas to execute humans. This leaves states in the position of essentially experimenting on inmates. According to a Riverside criminal defense attorney, this may implicate prisoners’ constitutional right to be free from cruel and unusual punishment.

The death penalty is legal in 31 states, as well as under federal law. There are currently 2,750 inmates on death row across the country. The lethal injection method was introduced 40 years ago, as an alternative to other methods of execution, such as the electric chair, hanging, the gas chamber and the firing squad. It was seen as both more efficient and humane than these options. There have been numerous problems with lethal injection since it was first used, from finding a vein to inject the medication into to prisoners experiencing extreme pain as the medication works its way through their systems.

Now, Oklahoma, Alabama and Mississippi seek to find an entirely new way to execute prisoners, in what they claim will be both safe and humane. There have been industrial and medical accidents where humans have come into contact with nitrogen gas with little air in an enclosed space. In those situations, the person dies quickly, generally within a few minutes. It is believed to be a painless death; because a person can still exhale carbon dioxide, he or she will not feel panicked or as though he or she is being smothered. Instead, a person might feel dizzy, lightheaded or even euphoric.

However, this is all speculation. No researchers have conducted studies on the issue, and some doctors are concerned that prisoners could experience pain as they inhale the gas. The American Veterinary Medical Association does not allow the use of nitrogen or other inert gases for euthanizing mammals, as the evidence “indicates that this method is unacceptable because animals may experience distressing side effects before loss of consciousness.”

There are conflicting views on whether nitrogen is a safe, effective and humane way to administer capital punishment. The three states listed above still plan to move forward with their plans, although there will be some practical considerations that must be addressed before doing so. California has no current plans to administer nitrogen gas as a means of carrying out the death penalty. However, if the method proves successful, it may become a more viable option for other states, including California.

Capital punishment remains in effect in California. If you have been charged with a crime that may result in the death penalty, you will need a highly skilled, aggressive Riverside criminal defense attorney to represent you. The Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a Riverside criminal defense attorney.

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