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Oklahoma Says It Will Now Use Nitrogen Gas As Its Backup Method of Execution

schwit1 writes Yesterday, Oklahoma governor Mary Fallin signed into law a bill that approves the use of nitrogen gas for executions in the state. The method, which would effectively asphyxiate death row inmates by forcing them to breathe pure nitrogen through a gas mask, is meant to be the primary alternative to lethal injection, the Washington Post reports.

Fallin and other supporters of the procedure say it's pain-free and effective, noting that the nitrogen would render inmates unconscious within ten seconds and kill them in minutes. It's also cheap: state representatives say the method only requires a nitrogen tank and a gas mask, but financial analysts say its impossible to give precise figures, the Post reports.

Oklahoma's primary execution method is still lethal injection, but the state's procedure is currently under review by the Supreme Court. Earlier this week, Tennessee suspended executions statewide following challenges to its own lethal injection protocol.

29 of 591 comments (clear)

  1. Idiotic by Anonymous Coward · · Score: 4, Insightful

    We kill people because they kill people. So who kills the people who kill people because they killed people when we find out they didn't actually kill anyone?

    1. Re:Idiotic by Karmashock · · Score: 3, Insightful

      It is also illegal to kidnap people and hold them against their will.

      So what do you do to someone that kidnapped people and held them against their will?

      Throw them in prison where you'll forcibly imprison them in a place they don't want to be.

      Your citation of hypocrisy makes no logical sense. Wouldn't taxation be stealing under your logic? After all, you are compelled by force to give money you don't want to give them in many cases.

      So on and so forth.

      Executions are not murder. Why? There was a trial. Same reason imprisonment isn't kidnapping. There was a trial.

      If you conflate an execution with a murder then you are suggesting that the trial had no meaning and if it trials have no meaning then every official government action through the courts is no different from when anyone just grabs someone and does the same thing to them.

      Either you admit your error or you're effectively advocating anarchy. At which point there is no law. We'd live in some mad max post apocalyptic hell hole in a week if we followed this to its logical conclusion.

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    2. Re:Idiotic by arth1 · · Score: 2, Insightful

      If you conflate an execution with a murder then you are suggesting that the trial had no meaning

      No, that does not follow. The verdict can have meaning even if the sentencing doesn't.

    3. Re:Idiotic by arth1 · · Score: 5, Insightful

      However, execution lets the convicted person off the hook the easy way compared to a lifetime of incarceration.

      That's irrelevant, as the justice system is not to be a method for taking revenge, but to make society a better place to live in, with less crime.

      The death sentence is flawed for other reasons. Almost all murders happen either in affect, or in a situation where the perpetrator thinks he can get away with it. In either case, having the death penalty will have no effect on whether a murder will happen or not. And it might lead to more murders, because if there's a death penalty in place, the perpetrator has nothing to lose by killing witnesses, cops, or anyone else who might get them arrested, now or in the future. The rational decision for them is to do anything not to get caught, including more murders.

      Also, the costs of a death row inmate by far exceeds the costs of a long term imprisonment. (This is particularly true in the states that allow prison slave labor - which has a high correlation to the states that allow capital punishment). The many rounds of appeals that a death sentence automatically trigger cost a heck of a lot more than the room and board.

      Then there are the cases of people who have been wrongly executed. One case is one too many. And a peer-reviewed study shows that as many as 4% of people convicted to die are likely innocent.
      Unless there's a way to bring people back to life again, that in itself should be enough to put a stop to it.
      But the unwashed masses want panem et circenses, and revenge, not justice. So the show goes on. And innocent people die.

    4. Re: Idiotic by epyT-R · · Score: 3, Insightful

      How do you propose a person with a life sentence pay for his incarceration without employment? Put him in jail until he pays??

    5. Re:Idiotic by killkillkill · · Score: 4, Insightful

      If you can get an appeal. If the evidence against you wasn't fabricated or "overstated".

      I can confidently say that there are crimes so horrible that the death penalty is appropriate for. The problem is you can't undo the punishment if the criminal justice system is found to have made a mistake. How do you objectively measure the level of perceived doubt of guilt between McVeigh and the innocent individuals who have likely been executed? Until we can prosecute with 100% certainty, I can't support executing a convicted criminal.

    6. Re:Idiotic by arth1 · · Score: 4, Insightful

      There is no logical difference between execution and murder versus imprisonment and kidnapping.

      Except that one of them is irreversible.
      A -> B vs A -> B, X? B-> A

      By your comprehension of logic, there is no logical difference between my beating you and my beating you to death either.

    7. Re:Idiotic by penguinoid · · Score: 4, Insightful

      Imprisonment is irreversible too. Go ahead and see if you can give someone the years of their life back, the skills they lost, their previous psychological state, their job, their wife and friends they may have lost.

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    8. Re:Idiotic by Strangely+Familiar · · Score: 2, Insightful
      I'm not so convinced. I didn't mod the post, but I don't think I would have used points on it either way.

      That's irrelevant, as the justice system is not to be a method for taking revenge, but to make society a better place to live in, with less crime.

      This is just a bald assertion of the purpose of the justice system, with no source or explanation. Some people do see the justice system as a method for taking revenge, which is better than having the victims of crime and their families take revenge. I know I feel a need for revenge when someone wrongs my family members. Everyone knows where that leads.

      The rational decision for them is to do anything not to get caught, including more murders.

      This might be true, but taking the death penalty off the table will not make this problem go away. If the maximum penalty is life in prison, and a person has already committed crimes to warrant a life sentence, isn't the "rational decision for them is to do anything not to get caught, including more murders."? So this was a flawed argument.

      Unless there's a way to bring people back to life again, that in itself should be enough to put a stop to it.

      Again, changing the punishment to life incarceration doesn't make the problem go away. If you put someone in jail for life, and then at the end of his life, find out he wasn't guilty, what do you do then? Press the reset button? No, the person's life is just as wasted, and there isn't much anyone can do. And if no one ever determines that the innocent person is innocent, then their life is completely wasted in prison, in my opinion. So, because we might punish the innocent, do we stop handing out long sentences? There is no perfect system, period. If we want to punish anyone, we have to accept a level of mistakes. Is 4% to high? I don't know. What about .4%? All of that said, I do agree with arth1 that executing one innocent person is too many, just not for the reasons arth1 gives.

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    9. Re:Idiotic by binarstu · · Score: 3, Insightful

      Either you admit your error or you're effectively advocating anarchy. At which point there is no law. We'd live in some mad max post apocalyptic hell hole in a week if we followed this to its logical conclusion.

      That is a great example of the slippery slope logical fallacy. So in your view, if we (i.e., our society) were to reject the death penalty because we decide it is immoral and hypocritical, then the only logically consistent position is to reject all law entirely, which will lead to the inevitable consequence of a lawless, anarchic society.

      In case the absurdity of that is not obvious, consider this: The European Union summarily rejects capital punishment as "cruel and inhuman". In other words, as an instrument of justice, it is immoral and cannot ever be justified, no matter how heinous an offender's crimes. Guided by this premise, many EU states have banned capital punishment for decades. Yet, in no case has this led to a subsequent total rejection of the rule of law, and it doesn't appear that any of these countries are on the brink of anarchy.

      Your entire argument rests squarely on the unstated assumption that the purpose of the criminal justice system is tit for tat revenge. You might see it that way, but many of us do not. Take away that assumption, and there is no logical conflict at all with rejecting the death penalty because it is inhumane and hypocritical while also supporting a functional justice system with the power to enforce laws and impose penalties.

      Sure, a simple statement like "killing people is illegal, ergo the state is hypocritical if it kills people" is not very insightful. But if one accepts the notion that state-sanctioned execution is "cruel and inhuman", then it is perfectly reasonable to wish for a government that does not try to protect its citizens by threatening them with cruel and inhuman punishment.

      Finally, since you like slippery slopes, why not take your own reasoning to its "logical conclusion"? Your arguments lead to the conclusion that any sort of punishment is acceptable as long as it is preceded by a trial. Do you really believe that? Or do you believe that certain kinds of punishment are never appropriate, even if their use would not be "hypocritical" (by your criteria) for certain kinds of crime?

    10. Re:Idiotic by Kiuas · · Score: 4, Insightful

      There is no logical difference between execution and murder versus imprisonment and kidnapping.

      Okay, but if one is of the opinion (as I am) that murder is always wrong, then saying "well we held this trail so now this is legal" does not change the moral argument one bit.

      I do not believe any state anywhere should be i the business of killing its citizenry except in cases where it's absolutely required to protect others from harm. It's as simple as that.

      If the state LACKS evidence, they resort to imprisonment next.

      So? How does this justify the use of death penalty again? Sure, the state can imprison people more easily than it can execute them, but this doesn't make executions reasonable or acceptable.

      In any case, I'd love to hear why executions are illegitimate in any kind of logical or rational sense. The only position that is going to argue against an execution is going to be an ideological one.

      This is absolute bullshit. There are several rational reasons to be opposed to the capital punishment:
      a) It doesn't work in reducing crime
      b) In the cases where wrongful convictions occur (as they will) the sentences are irrevocable, leading to the cruel fact that the State will sooner or later kill an innocent person (and it already has)
      c) Ir costs more than a life in prison, while achieving no added benefits to the society at large, in fact it only has downsides

      Really the only purpose death penalty achieves is to quench the thirst for revenge that people have, and the basis of any justice system should not be revenge, but rather sensible laws and punishments which help reduce crime and keep the society safe. But even if you disagree with most of this for some reason, b alone should be enough to make any rational human being realize why capital punishment has been abandoned in most countries in the world: even if the margin of error is extremely small, as long as it is greater than 0 (and it is, according to some studies quoted here it's as high as 4 %), it means that sooner or later the state will execute an innocent person. Now, that is something that should never happen. Yes, wrongful prison convictions happen too, but even if one spends 20 years in jail for a crime one did not commit, it is superior to being dead..

      So yes, you do have opinions too, but your opinions are based on faulty reasoning and a very twisted notion of what the justice system should do (hint: the answer should never be "kill innocent people by accident)..

      --
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    11. Re:Idiotic by gl4ss · · Score: 5, Insightful

      death penalty:

      for the innocent it's too cruel and for the guilty it's too easy.

      it's just a revenge fest really. it used to be a public show and it still is to some extent.

      --
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    12. Re: Idiotic by Pseudonym · · Score: 2, Insightful

      Precisely what problem does execution solve that "life without possibility" doesn't?

      It's certainly not cost; executing someone costs far more than life does.

      If it's prison overcrowding that's the issue, we have better ways to manage that, like not incarcerating so many non-violent offenders.

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    13. Re:Idiotic by RabidReindeer · · Score: 3, Insightful

      At least it's honest, and actually provides some deterrent^Wentertainment value. Good old-fashioned barbarism has its advantages.

      The reason that we don't still do public executions is that they don't provide deterrent value.

  2. Re: Stupid by Anonymous Coward · · Score: 2, Insightful

    The problem States are having is that companies refuse to sell the drugs to the States because of sanctions imposed on them by the EU. You can get nitrogen anywhere.

  3. Re:Stupid by MrKevvy · · Score: 5, Insightful

    The problem with using anesthesia is that organizations (the largest of which is the EU) forbids selling anything used in executions. So states that use anesthetics to execute the condemned will find they may be then unable to purchase the same anesthetics for use in hospitals. Nitrogen, being ~80% of the atmosphere, can't possibly be restricted.

    FWIW I am completely against capital punishment, and for why one need look no further than the recent admission by the FBI that they were biased to decide a match in forensic hair analysis, which may have led to up to 14 wrongful executions. However some barbaric states are just going to continue to do it anyways, so they may as well do is as humanely as possible.

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  4. Execute the fastest way possible by smooth+wombat · · Score: 3, Insightful

    Guillotine. Make sure the guides are sufficiently greased and the blade exquisitely sharp, it will be over in a second or so.

    If there's a question about the instance of pain as the blade slices through the neck, rub a numbing solution on the skin.

    --
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  5. Re:An alternative to the death penalty by Cytotoxic · · Score: 5, Insightful

    Yeah, this is pretty macabre. How about we just avoid killing people?

    And no, it isn't because they don't deserve it (although we inevitably execute and imprison innocent people). Most deserve worse than they get. How about let's just go with the simple idea that killing is wrong and strive to avoid it whenever possible? Killing people diminishes us - even if they were evil scumbags who deserved worse. I don't need to look to other cultures for examples and counter-examples of executing people. I don't need a popularity contest about how many other people don't like the death penalty (or the converse). Let's just go with "no killing" because it is right and be done with it.

  6. Re:An alternative to the death penalty by Cytotoxic · · Score: 5, Insightful

    Atheism and absence of morality are not synonymous. One need not invoke a deity to have a moral compass. Most publicly vocal atheists in the west are also opposed to the death penalty. At the same time, at least a couple of history's greatest mass murderers were also avowed atheists. It doesn't seem that atheism and opposition to killing are at all correlated, just as belief in any of the major religions is not a good predictor of one's stance on the death penalty.

    Troll rejected: erroneous premise.

  7. Re:Stupid by compro01 · · Score: 4, Insightful

    Which leads to an obvious question: Isn't the U.S. capable of producing its own anesthetics? At least the ones used for executions which should no longer be covered by patents?

    Sure they could, but there's basically no market for it.

    The established European companies have the legitimate-medical-uses market sown up, so that just leaves the killing-people market, which is really damn small, so they'd never even make back their investment, much less make a profit on it.

    It would be possible to whomp up a government-owned corporation or government division to do it and not care about the cost, but the free market mania that the Republicans running the states that still do executions subscribe to probably wouldn't allow that or even have it occur to them.

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  8. Re:Stupid by ShanghaiBill · · Score: 5, Insightful

    People these days are looking for the perfect mix of humane and sanitary.

    I don't think anyone cares about "humane and sanitary". The people that want it abolished, want it abolished completely. The people in favor, tend to think shooting or hanging are fine. So we have "humane and sanitary" as a compromise that nobody really wants.

  9. Re: Stupid by Loki_1929 · · Score: 4, Insightful

    Oh please; they just realized how the drugs were being used? Decades of repeated, public use and some executive finally picked up a newspaper? Give me a break. What actually happened is that they periodically reevaluated the amount of money they made off sales versus the PR hit they took for making those sales and eventually the numbers tipped in a new direction.

    --
    -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  10. Re:The gold standard for fast, painless executions by cfalcon · · Score: 4, Insightful

    The Nitrogen (or any asphyxiation that doesn't involve the buildup of Carbon Dioxide) method involves turning off the brain's ability to feel pain as prelude to death.

    Given the terrible fuckups that we see in executions recently, it's reasonable to assume that almost anything that can be screwed up, will be screwed up, and this one seems a lot simpler than some three needle solution using drugs you can't get made by anonymous compounding pharmacists you can't find with quality you can't test for administered by doctors that aren't trained. No, none of those things HAVE to happen, but they seem to keep happening.

    This sort of execution method sidesteps those problems. But, why do we suspect it is painless? Mostly because people who recover from accidental exposure to Nitrogen generally report being utterly surprised.

    In practice, it may be more humane to administer a sedative or even anesthesia beforehand. But acquiring those seems to be the problem in the first place: still, more options would likely be available than in the classic "three drug combination" of lethal injection, where an anesthetic (hopefully) dulls the pain, while a paralytic agent stops breathing (which causes pain) and a heart stopping agent stops the heart (which causes pain).

    If they don't go this route, you'll likely see a condemned man struggling to hold his breath as long as he can, trying to avoid death, and eventually losing consciousness, inhaling, regaining consciousness for a moment to flail, and then dying. One thing that's missing from all the real life accounts is that almost everyone who gets into trouble with nitrogen or another oxygen displacing agent doesn't realize that they are in danger until it is too late or almost so, and as such the reports of painlessness are definitely flavored by that fact.

  11. Finally. I've been advocating this for years by Karmashock · · Score: 3, Insightful

    Let me just first clear out all the people that just don't like executions... lets just take for the sake of argument that executions are going to happen. I know you don't like them... but they're here to stay. Assuming that point, this method of execution is quite a good one. It doesn't inflict pain on people, it doesn't outwardly damage the body, it is very reliable, etc. It has everything going for it so long as you accept that executions are going to happen.

    Now I know you don't want to accept that and I am not forcing you to... I don't have that power. I am simply asking to separate the discussion about executions in general from this specific type of execution. I don't really want to have a long conversation about capital punishment.

    If you reply to me, talk to me about THIS method of execution. That is what interests me.

    On topic, I am really happy they finally did this... the previous methods had too many problems with them. This method is ideal.

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  12. Re:An alternative to the death penalty by ClickOnThis · · Score: 4, Insightful

    Every execution is a 100% successful deterrent - the executed criminal will never again commit a crime. Beat that.

    That argument is defeated easily. If a criminal convicts a crime for which the sentence is death, then obviously the sentence was not a deterrent.

    Any deterrence beyond that is a "nice to have", but not required.

    On the contrary. The purpose of a deterrent is to discourage someone from committing a crime in the first place. That is fundamental, not "nice to have."

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  13. Re:Stupid by Demonoid-Penguin · · Score: 5, Insightful

    Nitrogen really is a good method. I learned about its use in this area when I read about 2 NASA(?) engineers who died right after a fuel tank was flushed with nitrogen. One walked into the middle of it for whatever reason and then collapsed, then the second went in to see what was wrong and he collapsed. They say it brings a bit of euphoria and then eternal sleep.

    CO2 works fine too, but the hand flapping and increased respiration attempts aren't real pretty to watch (though worrying about the aesthetics of how you kill someone is, um, just fucking weird). CO also works just fine - no hand flapping or straining to breath, but it also has aesthetic "issues".

    Note: I don't support state sanctioned murder - if for no other reason than the abysmal record the US has for justice - even when the condemned was actually guilty of the crime, the crime was arguably that of the state, not the condemned (homeowner shoots unarmed petty thief, petty thief that is not shot dead is convicted). I doubt there are many people outside the US that don't believe there is something extremely wrong with the self-appointed moral guardian of the world (life imprisonment for a joint, fines for giving out food, secret trade agreements that breach US sponsored International Human rights, etc, etc).

    If you can't bear to kill your 'criminal' by ripping off their heads with a rope tied to the back of a F100 you're just putting lipstick on a pig and calling it pretty. And yes, there really are a large number of US 'citizens' that'd like (Facebook style) the F100 method (sadly it's not unique to the US), just look at the comments on /. from people cheering the idea of prison rape, or the human hemorrhoid that gets all excited at the idea of using liquid nitrogen and a hammer for state executions. On second thought - maybe state execution is the answer, just not for the people you put inside the cells of your prisons with the world's highest percentage of incarceration[*1].

    Disclaimer: I spent part of my youth in Missouri (pronounced "misery") within sight of Monsanto - it's not Denmark that reeks of something seriously rotten.

    [*1] I know.. (sigh), those that deny their ugly blood lust will point to statistically insignificant data from countries with populations of less than 100K, and simultaneously justify their own countries imprisonment rate, and their "right" to armed self-defense - whilst remaining blind to all the inherent contradictions. i.e. if your prison and justice system worked your 'citizens' wouldn't need guns, and you'd have the safest nation on earth. Roll on the triumph of optimism over experience like the Sherman tank of freedom, and whenever you lose a hand - double up.

  14. Re:An alternative to the death penalty by Jack+Griffin · · Score: 3, Insightful

    How about let's just go with the simple idea that killing is wrong and strive to avoid it whenever possible?

    Because most people disagree with this. You kill bacteria, and insects, maybe even small mammals, and are responsible for the deaths of many large ones through your choice of appetite, clothes or furniture. Killing is not wrong, killing is right when applied correctly. The only argument is to define the boundary between correct or not.

  15. Re:Stupid by Anonymous Coward · · Score: 2, Insightful

    So, your point is that the worst countries have the most people? Or that it's ok to kill as long as the population is high?

  16. Re:Stupid by oobayly · · Score: 3, Insightful

    CO2 works fine too, but the hand flapping and increased respiration attempts aren't real pretty to watch

    I'm pretty sure that the increased respiration attempts aren't enjoyable to endure either - the body senses heightened levels of CO2 as a sign of suffocation. Whereas CO simply attaches to red blood cells instead of O2, meaning there's no sense of suffocation.