Kenneth Eugene Smith, condemned for the 1988 murder of Elizabeth Sennett, was executed in Alabama on Thursday, January 25, attracting attention as potentially the first person in America to be executed by nitrogen gas—a method that has sparked significant debate.

Theoretical discussions suggest that execution by nitrogen gas is a swift and painless method. Nitrogen, an inert gas that is both colorless and odorless, can cause hypoxic asphyxiation when inhaled in its pure form, devoid of oxygen. Under such conditions, a person would lose consciousness within 17 to 20 seconds, leading to death due to lack of oxygen.

Considering that nitrogen inhalation does not induce immediate pain and the process of dying might not provoke violent resistance from the prisoner, experts argue that nitrogen execution could serve as an efficient method of capital punishment.

However, this execution method depends on the prisoner’s cooperation. If the prisoner resists by holding their breath or has a naturally slow respiratory rate, the process could be prolonged, and complications could arise during the execution.

“Some of it [nitrogen] will be exhaled [by Smith] along with carbon dioxide and some of it may leak out of the mask,” Dr. Joel Zivot, an associate professor of anaesthesiology at Emory University, told the BBC, highlighting a significant risk to the execution.

Unfortunately, Dr. Zivot’s cautionary advice was borne out during Kenneth Smith’s execution. Nitrogen gas was administered for 15 minutes, with Smith’s death seemingly occurring 10-15 minutes post-injection, significantly longer than theoretical expectations. Witnesses reported that Smith appeared conscious, even rolling on the gurney, minutes into the procedure. Official death pronouncement came 25 minutes after the execution started, underscoring the discrepancy between theoretical assumptions and practical outcomes.

The apparently distressing nature of the death led to numerous questions. In response, Alabama Corrections Commissioner John Q. Hamm spoke to CNN, saying, “There was some involuntary movement and some agonal breathing, but that was all anticipated and falls within the side effects we’ve encountered and researched on nitrogen hypoxia.”

Volker Türk, the United Nations High Commissioner for Human Rights, has publicly criticized the use of nitrogen for execution. He highlighted that nitrogen asphyxiation, being an unprecedented and unproven execution method, could constitute torture or other forms of cruel, inhuman, or degrading treatment, expressing profound regret over its application.

The death penalty is deemed necessary by some for the gravest offenses, embodying a form of justice deeply felt by many. However, if the method inflicts torture—physically or mentally—recognized universally as inhumane, it contradicts the penalty’s very rationale.

For Elizabeth’s family, justice was realized through Smith’s execution—not the anguish endured. Given alternatives exist, the distress caused by nitrogen execution prompts a reconsideration of its use in modern justice, urging a cautious stance.