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Death and Dying

Hamstrung by troubles with lethal injection — gruesomely botched attempts, legal battles and growing difficulty obtaining the drugs — states are looking for alternative ways to carry out the death penalty. High on the list for some is a method that has never been used before: inhaling nitrogen gas. Oklahoma, Alabama and Mississippi have authorized nitrogen for executions and are developing protocols to use it, which represents a leap into the unknown. There is no scientific data on executing people with nitrogen, leading some experts to question whether states, in trying to solve old problems, may create new ones. “If and when states begin carrying out executions with nitrogen, it will amount to the same type of experimentation we see in the different variations of lethal injection,” said Jen Moreno, a lawyer who is an expert on lethal injection at the Berkeley Law Death Penalty Clinic. With some 2,750 inmates on death row in 31 states and in federal and military prisons, any jurisdiction that tries something new will be scrutinized as a test lab.

Hamstrung by troubles with lethal injection — gruesomely botched attempts, legal battles and growing difficulty obtaining the drugs — states are looking for alternative ways to carry out the death penalty. High on the list for some is a method that has never been used before: inhaling nitrogen gas. Oklahoma, Alabama and Mississippi have authorized nitrogen for executions and are developing protocols to use it, which represents a leap into the unknown. There is no scientific data on executing people with nitrogen, leading some experts to question whether states, in trying to solve old problems, may create new ones. “If and when states begin carrying out executions with nitrogen, it will amount to the same type of experimentation we see in the different variations of lethal injection,” said Jen Moreno, a lawyer who is an expert on lethal injection at the Berkeley Law Death Penalty Clinic. With some 2,750 inmates on death row in 31 states and in federal and military prisons, any jurisdiction that tries something new will be scrutinized as a test lab.

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