Cary Dale Grayson became the third person in the United States to be executed using nitrogen hypoxia, a method critics call torture and which has marred previous executions.
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The inmate was killed at midnight on November 21 at the William S. Holman Correctional Facility in Alabama.
Prison / photo: Pixabay
The gruesome method of execution sparked controversy and was described as torture by some witnesses, with Grayson, 50, becoming only the third person in the US to die in this manner. The cooling procedure involves placing a gas mask over a person’s face and replacing breathable air with nitrogen, resulting in death from oxygen deprivation.
Despite Alabama’s insistence on the constitutionality of this execution method, critics, including Grayson’s own legal team, have condemned the state for ignoring the “shortcomings” of this execution method.
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Before his death, Grayson’s lawyers focused on witness testimony and autopsy results on Kenneth Smith, who became the first person in the United States to be executed using nitrogen in January 2024.
Witnesses described Smith’s “painful” death, and an autopsy reportedly revealed worrying signs such as his lungs filling with blood.
People protest against the painful execution, photo: AP)
Grayson was convicted of murdering 37-year-old Vicki Deblio in Jefferson County in 1994. Prosecutors said she was attacked by Grayson and three other teenagers after they offered her a ride while she was hitchhiking home.
They brutally attacked her, threw her off a cliff, and then mutilated her body. The death penalty was given to Grayson only because he was the oldest.
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**Given the potential for botched executions and prolonged suffering using nitrogen hypoxia, should the Eighth Amendment be interpreted to require a guaranteed painless execution method?**
## Guiding Questions for a Discussion on Nitrogen Executions
This article raises several complex and controversial issues surrounding the use of nitrogen hypoxia in executions. Here are some open-ended questions designed to spark discussion and explore different perspectives:
**I. The Morality and Legality of Nitrogen Executions**
1. **What are the ethical considerations surrounding the use of nitrogen hypoxia as a method of execution? Does it constitute cruel and unusual punishment?**
2. **Should the potential for suffering be a deciding factor in determining the acceptability of a particular execution method?**
3. **How does the Eighth Amendment apply to new execution methods like nitrogen hypoxia? Should there be a “guarantee” against pain during execution?**
4. **What legal arguments are being used to challenge the constitutionality of nitrogen executions?**
**II. The Experience of Witnessing an Execution**
5. **What responsibilities do witnesses to an execution have? Should they speak out about their observations, even if their testimony is difficult or upsetting?**
6. **How does the description of Kenneth Smith’s execution influence your opinion on the use of nitrogen hypoxia?**
7. **How might witnessing an execution affect the perspectives of those involved, such as correctional officers, legal representatives, and family members of the condemned?**
**III. The Specific Case of Carey Grayson**
8. **How does the nature of Grayson’s crime weigh into the discussion about the appropriateness of his sentence? Does the heinousness of a crime justify any method of execution, or are there no exceptions?**
9. **What role should public opinion play in shaping criminal justice policies, particularly regarding capital punishment?**
10. **Do you think the details of Grayson’s co-defendants’ sentences (receiving lesser punishments) influence the ethical debate surrounding his case?**
**IV. The Future of Capital Punishment**
11. **In light of the controversy surrounding nitrogen executions, what alternatives to lethal injection should be explored?**
12. **Do you think that the use of nitrogen hypoxia might prompt a broader re-evaluation of the death penalty in the United States?**
13. **What are your own views on the death penalty, and how have they been shaped by the information presented in this article?**
By delving into these questions, we can foster a more nuanced and informed discussion about the complex issues surrounding nitrogen executions and the broader debate about capital punishment.