Nitrogen Hypoxia: The Alabama Execution

Previously, in the article ‘Justice: A Path towards Equality’ the author had shed light on the different dimensions of Justice and various theories related to those dimensions. Among them, the Retributive Theory was discussed which asserts that punishment should be proportionate to the severity of the crime. 

Today, we will be evaluating the debate around one such punishment, The Death Penalty. Recently carried out in Alabama (The United States) the death penalty was operated by inflicting oxygen (Nitrogen Hypoxia) deprivation in a person. It is the first method to be introduced since the Lethal Injection in 1982. Alabama was one of three US states along with Oklahoma and Mississippi to approve the use of Nitrogen Hypoxia as a method of execution. On Friday, Kenneth Eugene Smith (for murder) becomes the first one to be executed.

The death penalty, also known as capital punishment, has been a topic of extensive debate and controversy worldwide. There are ongoing discussions around the need for or abolition of the death penalty that often involve a range of ethical, moral, legal, and practical considerations. Let us explore some of the arguments.

 

Arguments in favor of the death penalty:

 

• Deterrence: It is argued that the death penalty serves as a deterrent to crime, especially for heinous offenses. The idea is that the fear of facing the ultimate punishment may discourage individuals from committing serious crimes.

 

• Retribution:  The principle of retribution asserts that certain crimes deserve punishment proportionate to the severity of the offense. Such as death through Lethal Injection or Nitrogen Hypoxia for murder.

 

Arguments against the death penalty:

 

• Risk of Wrongful Execution: One of the most significant concerns is the potential for the wrongful execution of innocent individuals. The legal system is not infallible, and there have been cases where new evidence has exonerated individuals on death row.

 

• Arbitrariness and Bias: Concerns have been raised about the arbitrary application of the death penalty, with factors such as race, socio-economic status, and quality of legal representation playing a role in who receives the death penalty.

 

• Ethical and Moral Concerns: Many argue that the state should not be involved in taking human life, regardless of the crime committed. Opposition to the death penalty is often grounded in broader ethical and moral principles.

 

• Human Rights: Critics argue that the death penalty violates the right to life, as enshrined in international human rights standards. They contend that the state should not engage in the intentional killing of its citizens. International organizations, such as Amnesty International and Human Rights Watch, advocate for the abolition of the death penalty and work to raise awareness about its associated issues.

 

International Efforts: 

 

International efforts to promote the abolition of the death penalty have been ongoing, with various organizations and resolutions advocating for the protection of human rights and the right to life. Some of the international collaborations and resolutions regarding the abolition of the death penalty include:

 

Universal Declaration of Human Rights (UDHR):

 

Adopted by the United Nations General Assembly in 1948, the UDHR proclaims the right to life as a fundamental human right. While the UDHR does not explicitly call for the abolition of the death penalty. Its emphasis on the right to life has been cited in arguments against capital punishment.

 

International Covenant on Civil and Political Rights (ICCPR):

 

The ICCPR, adopted in 1966, is a key international treaty that outlines civil and political rights. The Second Optional Protocol, adopted in 1989, aims at the abolition of the death penalty. Countries that ratify this protocol commit to abolishing the death penalty within their jurisdictions.

 

European Union (EU):

 

The EU has consistently advocated for the universal abolition of the death penalty. Member states of the EU are prohibited from using the death penalty, and the EU actively engages in diplomatic efforts. Provides support to organizations working toward global abolition.

 

Council of Europe:

 

The Council of Europe, an intergovernmental organization, has been at the forefront of efforts to abolish the death penalty. The organization’s protocols and resolutions, including Protocol No. 13 to the European Convention on Human Rights. Call for the complete abolition of capital punishment.

 

Amnesty International:

 

A global human rights organization, Amnesty International has long campaigned against the death penalty. They work to raise awareness about specific cases, conduct research on the death penalty’s impact, and advocate for its abolition worldwide.

 

United Nations General Assembly Resolutions: 

 

The United Nations General Assembly has passed multiple resolutions over the years calling for a moratorium on the use of the death penalty. While these resolutions are not legally binding, they reflect a global trend toward greater opposition to capital punishment.

 

Global Coalition to Abolish the Death Penalty: 

 

This coalition is an alliance of NGOs, bar associations, and local governments that work together to promote the abolition of the death penalty globally. It engages in advocacy, awareness-raising, and collaboration to push for the elimination of capital punishment.

 

Conclusion:

 

The debate surrounding the death penalty is complex involving considerations of justice, human rights, the legal system’s reliability, and societal values. Different countries and regions have approached this issue differently, leading to a diverse range of policies and practices. While there is a growing global consensus against the death penalty, there are countries where it is actively practiced. Evolving societal attitudes have contributed to the coming public opinion for the abolition of the death penalty. However, due to its role as a deterrent to crime, the exercise continues to be going with innovations such as Nitrogen Hypoxia.