There Is No Right Way for the State to Kill People
From noose to needle to nitrogen, our constant search for a more acceptable way to administer the death penalty is a story of failure—not moral progress.
As a long-time death penalty abolitionist, I’ve often compared the death penalty in America to a train with no brakes: Once the machinery starts moving, it becomes extraordinarily difficult to stop.
But the real problem is that the train should never have been built.
Today, Alabama, Louisiana, Mississippi, Oklahoma, and Arkansas are experimenting with nitrogen gas executions, a method officials claim is more humane. But from noose to needle to nitrogen, our constant search for a more acceptable way to kill is a story of failure—not moral progress.
There’s no acceptable way to practice a form of state killing that, for Black Americans especially, has long been intertwined with terror.
History should make us skeptical whenever governments begin searching for new technologies to make killing appear more acceptable.
Take my home state of Arkansas. Within a year of becoming a state in 1836, Arkansas adopted laws establishing a racial hierarchy by which even civilian whites could dispossess or punish a Black person. These codes even designated certain offenses as capital crimes when committed by Black people but lesser crimes when committed by white people.
The message was clear: Some lives were worth less than others.
That message echoed through the decades that followed. Between 1877 and 1950, Arkansas recorded 493 documented lynchings—the highest per capita rate in the nation. In Arkansas and throughout the South, these killings were not hidden crimes. They were public spectacles—acts of terror meant to reinforce social hierarchy.
Eventually, lynching became politically unacceptable. But state killing did not disappear—it simply changed form. The spectacle moved behind prison walls, and the language became more clinical. But the act of killing remained the same.
George Hays, who served two terms as governor of Arkansas, wrote in 1927 that “if the death penalty were to be removed from our statute-books, the tendency to commit deeds of violence would be heightened owing to the Negro problem. The greater number of the race do not maintain the same ideals as the whites.”
Since the Civil War, Arkansas has executed nearly 500 people—and 68% of those executed were Black or Native American. This is not distant history. Black inmates make up about 50% or more of the state’s death row today, despite Black Arkansans comprising less than 16% of the state’s total population.
Nor is Arkansas an outlier. Nationally, over half the people on death row today are Black or Hispanic.
Modern executions are often carried out by lethal injection, presented as sterile and humane. The condemned is strapped to a gurney while witnesses sit behind glass and chemicals stop the heart. But as these chemicals become less available, Arkansas and some other states have replaced lethal injection with nitrogen gas executions.
They claim the method is painless, but it is death by suffocation. Even veterinarians are forbidden from euthanizing cats and dogs with nitrogen hypoxia because it takes too long to lose consciousness and amounts to torture.
History should make us skeptical whenever governments begin searching for new technologies to make killing appear more acceptable. During the Holocaust, Nazi Germany constructed gas chambers designed to turn mass death into a technical process. This process was bureaucratic, hidden from public view, and deemed “efficient.”
Today, the death penalty follows a disturbingly similar logic. Each generation promises that the newest method will finally make execution humane. The noose. The electric chair. The gas chamber. Lethal injection. Now nitrogen gas.
Yet the fundamental act has never changed. The state still kills. The train keeps moving. Even when jurors change their minds. Even when victims’ families plead for mercy. Stopping the train requires courage—especially from elected leaders who have the power to do it.
Our history tells us what happens when a society accepts killing as justice. The death penalty has evolved for nearly two centuries, but there is only one real measure of moral progress: not how we kill, but whether we finally choose to stop.
