Nitrogen Executions Considered in Louisiana, Arkansas

In the wake of Alabama’s groundbreaking execution using nitrogen gas last January, the state’s attorney general swiftly encouraged other states to adopt this method for death penalties. This urging has led some states to explore nitrogen gas executions as a feasible alternative.

Louisiana is poised to use nitrogen gas to execute a prisoner on March 18, while Arkansas legislative bodies are pushing to introduce nitrogen as a method after an eight-year respite in executions. This move comes as states struggle with a scarcity of drugs for lethal injections and seek innovative ways to enforce capital punishment. However, the enlargement of nitrogen’s use has fueled debates about its legality and the experiences of Alabama inmates during their executions.

According to Steve Marshall, the Attorney General of Alabama, nitrogen hypoxia represents a humane and practical execution method. He praised Louisiana’s intention to adopt the technique and offered his support. Conversely, detractors argue that this rush to nitrogen may amplify inmate suffering, which the Rev. Jeff Hood described as “horrific and evil” after observing an Alabama execution.

Typically, a nitrogen execution involves an inmate being forced to inhale pure nitrogen, which depletes the body of oxygen. In Alabama, executed individuals are immobilized on a gurney with a gas mask through which nitrogen is administered. This process lasts until five minutes after heart activity ceases, though in a February 6 execution, the flow continued for 18 minutes.

During Alabama’s use of nitrogen to execute four prisoners, spectators, including journalists, noted visible shaking and gasping among the inmates. A spiritual adviser recounted that one prisoner, Alan Miller, exhibited grimacing and tremors, likening it to the helplessness of waterboarding.

Officials in Alabama explained these reactions as natural involuntary movements resulting from the deprivation of oxygen. John Hamm, Alabama’s Corrections Commissioner, stated that such reactions were anticipated, occurring as the body runs low on oxygen.

Louisiana plans to become the second state to employ nitrogen gas for executions by scheduling a date for Jessie Hoffman’s execution, related to a 1996 crime. A judge has planned a preliminary hearing to potentially halt this execution, fearing it could make Hoffman a test case for this unproven method. Louisiana’s move follows a legislative shift last year to extend the scope of capital punishment methods, incorporating nitrogen hypoxia and electrocution.

Louisiana’s Attorney General, Liz Murrill, anticipates multiple executions in 2023, stating that the victims’ families deserve justice under the law.

Meanwhile, Arkansas is considering legislation to permit executions via nitrogen gas. The House of Representatives recently approved the measure, forwarding it to the state Senate. This bill marks a significant development for a state that has not carried out executions since 2017.

Proponent Rep. Jeff Wardlaw introduced the legislation after conversing with victims’ families from a local shooting incident. Presently, Arkansas does not disclose details about its execution drug sources, leading to increased curiosity and skepticism surrounding nitrogen executions.

Critics argue that these covert policies only contribute to greater ambiguity regarding safety and efficiency in executions. Jeff Rosenzweig, a legal advocate for Arkansas death row inmates, predicts substantial legal disputes over nitrogen execution, especially considering the method’s troubled history in Alabama.

Such anticipated legal challenges suggest that despite legislative actions, adopting nitrogen hypoxia may not resolve the prevailing issues linked with execution procedures in Arkansas and elsewhere.