Execution of Alabama Inmate Kenneth Smith Raises Questions About Cruel and Unusual Punishment

ATMORE, ALABAMA – On the evening of January 2, 2024, the state of Alabama conducted the execution of death row inmate Kenneth Smith, 58, using a method that had never before been used to put human beings to death. Smith was left writhing in apparent agony for at least two minutes before he finally succumbed, a scene that was witnessed by only a select few, including five reporters, family members, and other observers. This experimental execution using nitrogen hypoxia was the second attempt to put Smith to death, after the state had previously botched his 2022 execution by lethal injection.

The Supreme Court had rejected Smith’s appeal on January 24, paving the way for the experimental execution. The dissenting Supreme Court Justice Sonia Sotomayor noted that Alabama had effectively selected Smith as a ‘guinea pig’ to test a method of execution never attempted before.

Smith, who had been found guilty of the 1988 murder-for-hire, was still alive and breathing deeply for at least two minutes, followed by a period of time where it was unclear if he was still breathing. His spiritual adviser, Jeff Hood, described witnessing minutes of struggle for Smith’s life, as well as the discomfort displayed by correction officials in the room.

The disturbing spectacle in Alabama is just one of many that have occurred in the United States where executions have gone awry. The debate over the death penalty continues to pit those who see it as a way to deter heinous crimes against those who view it as an unjust denial of civil liberties. While Smith’s guilt was not in doubt, concerns about the potential for wrongful execution persist, especially in light of the 196 former death-row prisoners who have been exonerated of all charges since 1973.

The horrific scene observed during Smith’s execution serves as a grim reminder not only of the flaws in the execution methods but also of the ongoing debate about the death penalty and its effectiveness in deterring future crimes. As these events continue to unfold, the question of whether the death penalty truly serves as a deterrent remains a topic of great debate.