Tag: capital punishment

State Cleared to Use Never-Before-Seen Execution Method on Murderer of Preacher’s Wife

A divided Alabama Supreme Court has ruled in favor of using nitrogen gas as a method of execution, marking the first instance of the method being considered for carrying out a death sentence.

The all-Republican court, in a 6-2 decision issued on Wednesday, granted the state attorney general’s request for an execution warrant for Kenneth Eugene Smith. Smith was one of two individuals convicted in the 1988 murder-for-hire killing of Elizabeth Sennett in northwestern Alabama. The specific execution date will be determined later by Governor Kay Ivey.

This decision brings Alabama closer to becoming the first state to pursue nitrogen gas as an execution method. However, it is likely that further legal challenges will emerge before this method is actually used. Other states like Oklahoma and Mississippi have also authorized nitrogen hypoxia for executions, a process in which an inmate breathes pure nitrogen and is deprived of the oxygen required for survival. While advocates argue it may be painless, opponents liken it to unethical human experimentation.

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President Trump Freed Drug Offenders. Candidate Trump Wants To Kill Them.

Donald Trump can’t seem to decide whether he wants to execute drug dealers or free them from prison. The former president’s debate with himself reflects a broader clash between Republicans who think harsher criminal penalties are always better and Republicans who understand that justice requires proportionality.

Trump has long admired brutal drug warriors like Rodrigo Duterte, the former president of the Philippines. Consistent with that affinity, he has repeatedly floated the idea of imposing the death penalty on drug traffickers.

Trump returned to that theme in November 2022, when he officially launched his 2024 presidential campaign. “We’re going to be asking everyone who sells drugs, gets caught selling drugs, to receive the death penalty for their heinous acts,” he said.

Trump reiterated that position during a June 2023 interview with Fox News anchor Bret Baier, saying, “That’s the only way you’re going to stop it.” But as Baier pointed out, a policy of executing “everyone who sells drugs” is inconsistent with Trump’s record as president, which included sentencing reforms and acts of clemency aimed at reducing drug penalties that Trump described as “very unfair.”

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No, Mike Pence, We Should Not Make It Easier To Execute Mass Shooters

During last night’s Republican presidential debate, former Vice President Mike Pence had a startling answer to a question about what he would do to reduce gun violence.

“I am sick and tired of these mass shootings happening in the United States of America,” said Pence. “And if I’m president of the United States, I’m going to go to the Congress of the United States, and we’re going to pass a federal expedited death penalty for anyone involved in a mass shooting so that they will meet their fate in months, not years. It is unconscionable that the Parkland shooter…is actually going to spend the rest of his life behind bars in Florida. That’s not justice. We have to mete out justice and send a message to these would-be killers that you are not going to live out your days behind bars. You’re going to meet justice.”

This plan is not just unlikely to reduce mass shootings; it would leave lots of accused criminals without important procedural protections. While “mass shooting” doesn’t have a set legal definition, one common definition puts it as any shooting with at least four victims, including people who were injured rather than killed. By that metric, over 3,500 mass shootings occurred from 2015 to 2022. Roughly 95 percent of these shootings resulted in fewer than four deaths, according to Everytown for Gun Safety’s data. That includes a lot of crimes that do not look like Parkland—crimes in which there could be serious doubts about whether the accused is in fact guilty.

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9/11 defendant unfit to stand trial, US judge rules

A military judge at Guantanamo Bay has ruled one of the five defendants charged over the 9/11 attacks is not fit to stand trial in a death-penalty case.

The defendant Ramzi bin al-Shibh has been diagnosed with post-traumatic stress disorder, associated psychotic features and a delusional disorder.

His lawyer has long claimed his client was “tortured by the CIA”.

Al-Shibh was scheduled to face pretrial proceedings on Friday.

Colonel Matthew McCall in the US base on the eastern tip of Cuba accepted the findings of the doctors which said in August that al-Shibh was too psychologically damaged to defend himself.

The medical board of doctors concluded al-Shibh had become delusional and psychotic, The New York Times reported.

That made him incompetent to either face trial or plead guilty, according to a report filed with his trial judge on 25 August.

According to the report, the military psychiatrists said his condition left him “unable to understand the nature of the proceedings against him or cooperate intelligently”.

He was supposed be on trial on Friday with four other defendants, including Khalid Sheikh Mohammed, believed to be the mastermind of the 9/11 attacks.

Before the trial, Colonel McCall has decided to remove al-Shibh from the case. The hearing of the other four defendants is expected to proceed as scheduled.

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COMPANIES ALREADY BAN THE USE OF THEIR DRUGS FOR LETHAL INJECTION. NOW THEY’RE BLOCKING IV EQUIPMENT.

MEDICAL EQUIPMENT MANUFACTURERS are refusing to sell their products for use in lethal injection, The Intercept has learned. The stance could further hinder states’ ability to carry out death sentences at a time when similar restrictions have limited access to drugs.

The four companies that have raised objections are Baxter International Inc., B. Braun Medical Inc., Fresenius Kabi, and Johnson & Johnson. In addition to manufacturing drugs, they make IV catheters, syringes, medical tubing, and IV bags, products states rely on to administer lethal injection. In statements to The Intercept, the companies said that the use of their equipment in executions contradicts their values.

“Johnson & Johnson develops medical innovations to save and enhance lives,” Joshina Kapoor, a spokesperson for Johnson & Johnson, wrote in an email. “We do not condone the use of our products for lethal injections for capital punishment.”

Fresenius Kabi, a German company that specializes in IV devices, told The Intercept that it would seize its products from corrections departments if it became aware of their use in lethal injection. B. Braun, which is also headquartered in Germany, said it prohibits its U.S.-based distributors from selling products to prisons for executions. Baxter International, a health care company based in Illinois, confirmed through a spokesperson that a 2017 statement opposing the use of its products in lethal injection applied to medical equipment as well as drugs.

For more than a decade, pharmaceutical companies have forbidden state corrections departments from using their drugs in U.S. execution chambers. The restrictions have led states to track down execution chemicals through unscrupulous suppliers, devise new lethal injection protocols using untested drug combinations, or pursue alternative methods of execution.

But there has been little inquiry into the equipment used to perform lethal injections. The manufacturers’ newly public positions are representative of the growing role private companies are playing in the future of lethal injection and could fuel a new swath of legal challenges as lawyers seek information about the products utilized to kill their clients.

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Alabama Set To Try New, Untested Execution Method

Alabama wants to execute a man so badly that they’re likely to become the first state in the nation to kill someone by nitrogen hypoxia. 

Kenneth Eugene Smith, 58, who was sentenced to death for a 1988 murder-for-hire killing, has already survived one execution attempt from the state. Last November, he won a court case allowing him to demand to be executed specifically by nitrogen hypoxia, a method that has been approved in Alabama since 2018 but has remained untested.

Nonetheless, Alabama Attorney General Steve Marshall still asked the state Supreme Court to set an execution date for Smith last week, with plans to use the method.

While four states in addition to Alabama have approved execution by lethal gas, no one has been executed using this method since 1999. While 20th-century gas chambers typically killed inmates using cyanide gas, death by nitrogen hypoxia is a completely untested method. Under the proposed process, an inmate would be placed in a gas chamber, where they would be forced to breathe pure nitrogen, ultimately causing death by suffocation due to the lack of oxygen.

After long arguing that they should be allowed to kill Smith by lethal injection because the state had not yet developed a nitrogen hypoxia protocol, state officials unveiled a formal nitrogen hypoxia process in conjunction with their motion to set Smith’s execution date. Under the process, the inmate will wear a mask, which will force them to breathe pure nitrogen gas “for 15 minutes, or five minutes following a flatline indication on the EKG, whichever is longer,” resulting in death by suffocation.

Smith won the right to be executed by this method in a ruling from the U.S. Court of Appeals for the 11th Circuit last November. Smith argued that a lethal injection attempt would expose him to “an intolerable risk of torture, cruelty, or substantial pain,” citing the state’s previous botched executions.

The same day as the 11th Circuit’s ruling, the U.S. Supreme Court lifted a stay of execution for Smith. Alabama officials attempted to kill him by lethal injection that day, but they abandoned their attempt after they tried unsuccessfully for several hours to place IV needles in Smith’s arms.

While nitrogen hypoxia has been touted as a more humane method for killing death-row inmates—it’s simply unknown how much suffering death by nitrogen hypoxia causes.

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Saudi Arabia: Man Sentenced to Death for Tweets

A Saudi court has sentenced a man to death based solely on his Twitter, and YouTube activity, Human Rights Watch said today. Saudi authorities should quash the verdict, which is an escalation of the Saudi government’s crackdown on freedom of expression and peaceful political dissent in the country.

On July 10, 2023, the Specialized Criminal Court, Saudi Arabia’s counterterrorism tribunal, convicted Muhammad al-Ghamdi, 54, a retired Saudi teacher, of several criminal offenses related solely to his peaceful expression online. The court sentenced him to death, using his tweets, retweets, and YouTube activity as the evidence against him.

“Repression in Saudi Arabia has reached a terrifying new stage when a court can hand down the death penalty for nothing more than peaceful tweets,” said Joey Shea, Saudi Arabia researcher at Human Rights Watch. “Saudi authorities have escalated their campaign against all dissent to mind-boggling levels and should reject this travesty of justice.”

Saudi security forces arrested al-Ghamdi in front of his wife and children on June 11, 2022, outside his home in the al-Nawwariyyah neighborhood of Mecca, people with knowledge of the case told Human Rights Watch. They took him to al-Dhahban Prison, north of Jeddah, where he was held in solitary confinement for four months. His family was unable to contact him during this period and he did not have access to a lawyer. The authorities later transferred al-Ghamdi to the al-Ha’ir Prison in Riyadh.

Saudi interrogators questioned him about tweets and political opinions and asked his opinions about individuals imprisoned for exercising their right to free expression. Al-Ghamdi did not have a lawyer for nearly a year and once he finally did obtain legal representation, he was only able to speak with the lawyer immediately in advance of court sessions.

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Where The Most Death Penalties Are Carried Out

At least 883 people are known to have been put to death last year, according to Amnesty International’s annual review of the death penalty. However, as Statista’s Anna Fleck reports, the true number is likely far higher, as several countries do not publish accurate figures – including North Korea, Vietnam and Belarus.

In China, where numbers remain a state secret, thousands of people are believed to be executed and sentenced to death each year.

As Statista’s chart shows, Iran comes second only after China with at least 576 people known to have been executed in 2022, up 55 percent from the year.

The crimes behind these executions are mostly related to drugs and murder, while 18 were for moharebeh (enmity against God), which can be connected to the protests surrounding the death of Mahsa Amini.

Amnesty International notes that Saudi Arabia also saw a significant increase in death sentences since 2020, rising from 27 to a record high of 196 deaths, 83 of whom were executed for terrorism-related crimes. In total, 55 countries still have the death penalty, 20 of which recorded executions in 2022.

In the U.S., 18 executions were recorded in 2022 across six jurisdictions. These were Alabama (2), Arizona (3), Mississippi (1), Missouri (2), Oklahoma (5), and Texas (5). Meanwhile, there were 21 new death sentences recorded across 12 states. These included: Alabama (3), Arizona (1), California (2), Florida (5), Georgia (1), Louisiana (1), Mississippi (1), Missouri (1), North Carolina (2), Oklahoma (1), Pennsylvania (1) and Texas (2).

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21 South Carolina GOP Lawmakers Propose Death Penalty for Women Who Have Abortions

MEMBERS OF THE South Carolina State House are considering a bill that would make a woman who has an abortion in the state eligible for the death penalty. 

The “South Carolina Prenatal Equal Protection Act of 2023” would amend the state’s code of laws, redefining “person” to include a fertilized egg at the point of conception, affording that zygote “equal protection under the homicide laws of the state” — up to and including the ultimate punishment: death.  

The bill was authored by Rep. Rob Harris, a registered nurse and member of the Freedom Caucus; it has attracted 21 co-sponsors to date. (Two former co-sponsors — Rep. Matt Leber and Rep. Kathy Landing — asked to have their names removed as sponsors of the bill. Leber and Landing could not be reached for comment.)  

Rep. Nancy Mace, a Republican who represents South Carolina in the U.S. House, took to the floor on Friday to call attention to the bill, which she sees as part of a “deeply disturbing” trend. (Multiple Texas lawmakers have floated the idea of executing women who have abortions in the past. Those bills, proposed before the Supreme Court overturned Roe v. Wade, failed.)

“To see this debate go to the dark places, the dark edges, where it has gone on both sides of the aisle, has been deeply disturbing to me as a woman, as a female legislator, as a mom, and as a victim of rape. I was raped as a teenager at the age of 16,” Mace said. “This debate ought to be a bipartisan debate where we balance the rights of women and we balance the right to life. But we aren’t having that conversation here in D.C. We aren’t having that conversation at home. We aren’t having that conversation with fellow state lawmakers.” 

Asked about exceptions for victims of rape, which Mace raised in her remarks on the floor, Harris told Rolling Stone, “There are other bills with exceptions, but will do little or nothing to save the lives of pre-born children.” He went on list exceptions the bill does contain, including: “a ‘duress’ defense for women who are pressured/threatened to have an abortion” and “medical care to save the mother’s life… The functional language in that scenario is whether the baby’s life is forfeited ‘unintentionally’ or ‘intentionally’.” (Asked if he saw any irony between being a member of the so-called “Freedom Caucus” while proposing such harsh restrictions on reproductive freedoms, Harris responded simply: “Murder of the pre-born is harsh.”)

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Trump Plans to Bring Back Firing Squads, Group Executions if He Retakes White House

“WHAT DO YOU think of firing squads?”

That’s the question Donald Trump repeatedly asked some close associates in the run-up to the 2024 presidential campaign, three people familiar with the situation tell Rolling Stone.

It’s not an idle inquiry: The former president, if re-elected, is still committed to expanding the use of the federal death penalty and bringing back banned methods of execution, the sources say. He has even, one of the sources recounts, mused about televising footage of executions, including showing condemned prisoners in the final moments of their lives.

Specifically, Trump has talked about bringing back death by firing squad, by hanging, and, according to two of the sources, possibly even by guillotine. He has also, sources say, discussed group executions. Trump has floated these ideas while discussing planned campaign rhetoric and policy desires, as well as his disdain for President Biden’s approach to crime.

In at least one instance late last year, according to the third source, who has direct knowledge of the matter, Trump privately mused about the possibility of creating a flashy, government-backed video-ad campaign that would accompany a federal revival of these execution methods. In Trump’s vision, these videos would include footage from these new executions, if not from the exact moments of death. “The [former] president believes this would help put the fear of God into violent criminals,” this source says. “He wanted to do some of these [things] when he was in office, but for whatever reasons didn’t have the chance.”

A Trump spokesman denies Trump had mused about a video-ad campaign. “More ridiculous and fake news from idiots who have no idea what they’re talking about,” the spokesman writes in an email. “Either these people are fabricating lies out of thin air, or Rolling Stone is allowing themselves to be duped by these morons.”

Trump’s enthusiasm for grisly video campaigns has been documented before, including in an anecdote from a former aide that had the then-president demanding footage of “people dying in a ditch” and “bodies stacked on top of bodies” so that his administration could “scare kids so much that they will never touch a single drug in their entire life.”

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