this post was submitted on 22 Nov 2023
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Attorneys for Kenneth Eugene Smith, 58, filed an amended lawsuit challenging the proposed new execution method as a potential violation of the Constitution’s ban on cruel and unusual punishment. They asked a federal judge to issue a preliminary injunction to block the execution from going forward next year.

“There is sparse research on how long a human must be exposed to 100% pure nitrogen to cause death, what happens if a human is exposed to less than 100% pure nitrogen for a prolonged period of time, or on the pain or sensations that a human exposed to nitrogen might experience,” his attorneys wrote in the amended lawsuit filed Monday.

They noted in the filing that the American Veterinary Medical Association wrote in 2020 euthanasia guidelines that nitrogen hypoxia is an acceptable method of euthanasia for pigs but not other mammals because it could create an “anoxic environment that is distressing for some species.”

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[–] rockSlayer@lemmy.world 40 points 11 months ago (1 children)

Every crack in the death penalty is another step towards abolishing the death penalty.

[–] pageflight@lemmy.world 10 points 11 months ago

Agreed, my read of the quotes is that it's saying something like "you can't claim ANY execution method is humane because we don't research how people feel while we are killing them, so just stop."