A federal judge who is weighing whether to allow the nation’s first execution by nitrogen hypoxia to go forward next month, urged Alabama on Thursday to change procedures so the inmate can pray and say his final words before the gas mask is placed on his face.

U.S. District Judge R. Austin Huffaker made the suggestion in a court order setting a Dec. 29 deadline to submit information before he rules on the inmate’s request to block the execution. The judge made similar comments the day prior at the conclusion of a court hearing.

Alabama is scheduled to execute Kenneth Eugene Smith on Jan. 25 in what would be the nation’s first execution using nitrogen gas. Nitrogen hypoxia is authorized as an execution method in Alabama, Mississippi and Oklahoma but has never been used to put an inmate to death.

The proposed execution method would use a gas mask, placed over Smith’s nose and mouth, to replace breathable air with nitrogen, causing Smith to die from lack of oxygen.

  • yesman@lemmy.world
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    9 months ago

    I think public executions where the prisoner is tortured to death are more progressive than supposed “humane” methods.

    Not because I like cruelty or think they deserve it, but I want the State to do it’s killing out in the open where citizens are exposed to what’s happening in their name. Hiding the act behind closed doors and beneath a cloak of “humane” methods allows the State to exercise ultimate authority in secret from the people from whom that authority is derived. It’s the State and the supporters of the death penalty that are being spared pain.

    Yes, I got this from Foucault.

    • Crack0n7uesday@lemmy.world
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      You highly overestimate the amount of compassion the average person has. If you torture people to death in public people will sell tickets for the best seats. The Romans built a whole damn arena for this purpose.

      • jwt@programming.dev
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        9 months ago

        If anything, I think it would normalize killing (even more). But I guess I get where OP is coming from: Governments shouldn’t get away with killing a human by claiming it’s a humane act.

      • yesman@lemmy.world
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        9 months ago

        Yes! you’re correct. It will be spectacle and celebration. We may revel in our cruelty, but we cannot feign mercy.

        The question of capital punishment comes into focus. I don’t trust in compassion; I’m advocating for honesty.

      • CleoTheWizard@lemmy.world
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        9 months ago

        I can’t tell if you’re joking or if you think people have the same morals as someone from the roman history

        • wolfshadowheart@slrpnk.net
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          9 months ago

          Have you seen the state of the world lately? I’m surprised we don’t have the football stadiums converted once a year for this

          • CleoTheWizard@lemmy.world
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            9 months ago

            The job of corporations and media and politics is to divide people. And even more so it will make you think your neighbor is a savage. It keeps people alone and independent workers to exploit. When in reality, your neighbors are average people that aren’t bloodthirsty. Most people can hardly handle their own lives and are depressed enough as it is without having a sporting event dedicated to killing people. I didn’t realize how well this propaganda type stuff works but clearly it does.

        • set_secret@lemmy.world
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          9 months ago

          Honestly I think you’ll find they’re not aa different as you wish they were. people are as cruel today as they’ve ever been.

        • Timecircleline@sh.itjust.works
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          9 months ago

          It’s easy to forget, but we have the same brains as back then. Societal values may have changed, but there will be those with a sick fascination who want to see. When the bath school massacre happened (1920s I think?) People took home souvenirs.

        • kromem@lemmy.world
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          9 months ago

          Tell me you’ve never watched a Republican primary debate without telling me.

          Nearly every election cycle there’s at least one debate where the death penalty comes up and you have governors competing with each other over body counts to an audience cheering them on.

    • SCB@lemmy.world
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      What Foucalt gets wrong here is that historically, civilians just enjoy it. They don’t find it barbaric or inhumane.

      Like there wouldn’t be some national conversation about “what have we become” - it’ll just be a fun thing people do.

  • Pat_Riot@lemmy.today
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    9 months ago

    So easy to build a sealed room. Why use a mask in the first place? Slowly exchange air for nitrogen and the prisoner dies saying his pointless prayer. Never even knows it happened. No suffering, no nothing. Just lights out. Then re exchange for air so the body can be safely collected. This is not rocket surgery.

    • BottleOfAlkahest@lemmy.world
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      9 months ago

      That sounds like the plan they have already just with an entire room rather than just a small mask. It’s the same thing except your plan requires more gas and a bigger dedicated gas chamber with more failure points.

    • ASeriesOfPoorChoices@lemmy.world
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      Why use a mask: because it’s cheaper, and helps secure the people nearby (in case of a room leaking, that’s a lot of displaced air, while a mask or similar leaking is significantly less of risk in case of uncontrolled release). But I bet mostly because it’s cheaper - and remember, it’s never been done before (by them, for this purpose).

      • Pat_Riot@lemmy.today
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        9 months ago

        But like 15 states have gas chambers. They aren’t used because all they ever tried was cyanide or carbon monoxide, both of which caused significant suffering. But the effects of nitrogen have been known since the birth of scuba. Cheaper has never mattered. Lethal injection is incredibly expensive, as is running the electric chair. If cost actually mattered hanging or firing squads would be the go to methods. I’ve personally never been able to grasp why it matters. Why shouldn’t these people, who have caused untold amounts of suffering be made to suffer on their way out of existence? These are serial murderers and the like. Personally I think we should add serial rapists to the list of executable offenders. I simply do not understand why the worst of men should receive any kindness at all. They gave none to their victims. And so fucking what if they are remorseful. If you commit atrocities you should be handled in kind and definitely do not deserve to be kept alive like some pet of the state fed on the taxpayers’ dime.

    • DriftinGrifter@lemmy.blahaj.zone
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      9 months ago

      no suffering

      Person fucking dies that’s like the ultimate suffering i can think of, holy fuck killing people can’t be made humane no matter how many different methods are used

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    9 months ago

    OK. I mean, if that’s what the inmate is requesting, why not allow it. He’s gonna be put to death anyway. Personally I don’t believe his “praying” will be of any use, in this life or the next - if there is one- because I don’t believe in that religious nonsense, or that someone can be “forgiven” for any crime involving murder anyway. But what’s the skin off anybody’s anus if he wants to be executed this way? That should at least be his decision to make.

    • Flying Squid@lemmy.world
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      9 months ago

      But what’s the skin off anybody’s anus if he wants to be executed this way? That should at least be his decision to make.

      The point is cruelty. People are objecting to execution by nitrogen because the prisoner doesn’t suffer enough. That’s the right-wing mentality in a nutshell. They think torturing someone doesn’t make them bad people if that someone “deserves” it.

      • tygerprints@kbin.social
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        9 months ago

        Good lord. The man probably already lives in a mental hell every single day, what more cruelty does his situation require. Adding more torture to the procedure certainly won’t right any wrongs he may have done, and only unbalances the scales in the direction of bringing more cruelty into the situation than already existed.

        • Flying Squid@lemmy.world
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          9 months ago

          Right, but for them, it’s all about revenge and suffering. They don’t care about anything else for anyone in prison. As far as they’re concerned (unless, of course, it’s one of their own), whatever the judge has ordered, that’s what you deserve.

          Now I admit, apart from the cases where the death row inmate was exonerated, in general, the crimes they’ve been found guilty of are particularly horrific and atrocious, but we should be better than them. That’s what Republicans don’t seem to get. You shouldn’t sink down to the level of actual convicted murderers.

          • tygerprints@kbin.social
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            9 months ago

            That’s a great point, and one I’ve tried to make to people (without much success) many times. If you become as cruel and fueled by revenge or hate as the person who did something terrible, then you’ve sunk to their level or even lower. Revenge never balances anyone’s scales - it just weighs the side with EVIL in it down with even greater weight.

            And I’m not against capital punishment, in some ways it seems a little less cruel than giving someone a lifetime sentence in prison. I do agree with you absolutely on everything you’ve said.

  • platypus_plumba@lemmy.world
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    9 months ago

    Oh wow, this sounds so humane.

    I think it can be improved though. Just give him general anesthesia 5m before the nitrogen mask.

    That should be the most peaceful way to go.

    • Urist@lemmy.ml
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      9 months ago

      You know you fucked up somewhere as a society when killing people is considered humane.

  • Occamsrazer@lemdro.id
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    9 months ago

    The only argument for the death penalty was back before long term prisons were available and someone was too dangerous to be released in society. The death penalty should be obsolete.

      • EdibleFriend@lemmy.world
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        9 months ago

        Literally what the death penalty is. If what you said was true we would be working on rehabilitation.

        • _NoName_@lemmy.ml
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          9 months ago

          The death penalty is not an ultimate punishment for a crime, in it’s most logical sense. It is based on a conclusion that an individual is ‘beyond saving’, evidenced by the actions they commit. Eliminating them from existence is the only guarantee they never do a similar action in the future.

          There’s plenty of reasons why this reasoning falls apart , though - namely that quite often you can’t be 100% sure you have the actual culprit, or that they are actually ‘beyond saving’.

          • EdibleFriend@lemmy.world
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            9 months ago

            A person beyond saving could still be left in prison for life and at least treated humanly. We kill them because what they did is so bad we want them dead. People try to pretend otherwise but thats what it is. Simple as that.

            And honestly I get it. I fully think some people should die for what they did. But, like you said, we run into the problem of how often our shitty legal system gets the wrong person which is why I don’t believe in the death penalty despite the fact I think some people should just die.

            • _NoName_@lemmy.ml
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              9 months ago

              I agree with the first part, though not the second. I doubt most judges view the death penalty as a pointless act of spite, and view it more as a logical removable of an irredeemable agent.

              My rationale on it is different. I think that if someone commits a heinous action, they either did it for a logical reason or an illogical reason. If it was logical to commit the act, then that is a failure of the system for creating perverse incentives, and change must occur to remove such incentives. If the person committed the act for illogical reasons, then there is something wrong with them, and the should be treated as someone suffering from something. If the individual is deemed truly “beyond saving” then they are suffering a mental handicap and should be sheltered such that they aren’t a danger to themselves or others.

              By this logic, there is never justification for a death penalty.

      • frazw@lemmy.world
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        9 months ago

        Murderer put to death. Don’t do eye for an eye. Hmm OK America.

        • FaceDeer@kbin.social
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          9 months ago

          I fundamentally oppose the death penalty, but if a state is going to insist on doing it I want them to do it as humanely as possible. It should never be done as “revenge.”

      • SendMePhotos@lemmy.world
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        9 months ago

        In one of the articles about this case it was said, “we do not teach those not to rape by raping them.”

      • EdibleFriend@lemmy.world
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        9 months ago

        No you’re right. America would absolutely never try to base legal decisions on religion. We are so far beyond that.

          • EdibleFriend@lemmy.world
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            9 months ago

            You are saying that we wouldn’t act like that because this isn’t the Old testament and I am pointing out that we are trying very fucking hard to treat our legal system that way. That is literally what is happening right this second.

    • SendMePhotos@lemmy.world
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      9 months ago

      Actually, yes. this is Kenneth Eugene Smith, who was convicted in a 1988 murder-for-hire slaying of a preacher’s wife. Elizabeth Sennett, 45, was found dead on March 18, 1988, in her home in Alabama’s Colbert County. She had been stabbed eight times in the chest and once on each side of neck.

      In all actuality, there is no information saying that he did or did not allow this, but I did learn a lot about this case. Turns out two guys were hired to kill this pastors wife because the pastor had an affair (doesn’t make sense but it is what happened). These two guys, one of them stole things to stage a burglary. He was put to death in 2010 and his last words were to her sons, “I’m sorry. I don’t ever expect you to forgive me. I really am sorry.”

      The other, currently on death row, agreed to beat her, but apparently did not intend to kill her.

      After the pastor became a suspect, he drove to the gathering, told his sons what part he had played (hiring a crew to kill his wife and himself having an affair), then got into his truck and shot himself.

      It’s a waste of life. Terrible decisions from three people that ultimately led to a severely somber outcome for everyone involved.

    • OptimusPrimeDownfall@discuss.tchncs.de
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      Probably not. But remember that ~4% of all death row inmates are innocent, so it may be that he didn’t kill anyone.

      Also, shouldn’t the state be better than a murderer? Shouldn’t the mere fact that we believe we, as a society, are civilized mandate allowing a death row inmate respect before they die?

      I’m not religious, so I don’t think praying and final words will do anything. But it won’t harm anyone, and if it makes him more comfortable as he goes out, especially in light of the likelihood he didn’t that to his victim, I’m not against it.

    • jmcs@discuss.tchncs.de
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      9 months ago

      Should the state have the same low moral bar as criminals? (It’s a rhetorical question that was answered when the state decided to murder someone that’s not a threat anymore in cold blood)