Louisiana executes man by controversial nitrogen gas. Is it legal in Florida? See state's methods

AI-assisted summary
• Recent executions using nitrogen gas and firing squads have sparked controversy over their potential cruelty.
• Florida allows executions by lethal injection or electrocution, with the inmate choosing their preferred method.
• 27 states, including Florida, still have the death penalty as of March 2025.

Public support for the death penalty remains at a five-decade low at 53%, with a recent Gallup polling revealing that more than half of young U.S. adults ages 18 through 43 now oppose the death penalty.

The U.S. has already seen 10 executions since the start of this year, with some of the methods used just this month alone seeing additional controversy.

Death row inmate Jessie Hoffman was executed by nitrogen gas in Louisiana after the state struggled to obtain drugs for lethal injections. Hoffman, who was convicted of the rape and murder of 28-year-old Molly Elliott in 1996, argued against it partly because he said it violated his religious freedom by preventing him from practicing his Buddhist meditative breathing.

Earlier this month, Brad Keith Sigmon was executed by firing squad in South Carolina for the deaths of his ex-girlfriend's parents.

Those against the death penalty have protested these practices, calling them "horrific" and "barbaric." Supporters and various officials have argued the constitutionality of execution methods in these states, with Alabama Attorney General Steve Marshall describing nitrogen hypoxia as "textbook," "humane and effective."

Does Florida employ these contentious methods of execution? Here's what to know.

What is nitrogen hypoxia? Why is it controversial?

The Death Penalty Information Center says execution by ​“nitro­gen hypox­ia” results in death by suf­fo­ca­tion as a result of the indi­vid­ual being forced to breathe pure nitro­gen, depriv­ing the brain and body of oxy­gen.

While nitro­gen accounts for near­ly 78% of the air humans breathe, when inhaled on its own, nitro­gen is dead­ly.

Critics claim the method is "cruel and inhumane," with Chief District Judge Shelly Dick citing the four Alabama executions that "describe suffering, including conscious terror for several minutes, shaking, gasping, and other evidence of distress." The witnesses observed the inmates' bodies "writhing" under their restraints, "vigorous convulsing and shaking for four minutes," heaving, spitting, and a "conscious struggling for life."

Last week, Dick temporarily halted Hoffman's execution, citing possible "pain and torture" in violation of his constitutional rights. The U.S. 5th Circuit Court of Appeals overturned the ruling on Friday. Hoffman's attorneys appealed and on Tuesday shortly before the execution, the U.S. Supreme Court declined to stop it in a narrow decision.

How many states allow nitrogen gas as an execution method?

Only one state — Alabama — allows the use of nitrogen gas to put inmates to death. The state made history last year with its first such execution and has conducted three others using nitrogen gas since.

South Carolina executes man via firing squad. How many states allow it

As of March 2025, only Idaho, Mississippi, Oklahoma, South Carolina, and Utah permit executions by firing squad.

What are Florida's methods of execution?

Florida allows inmates to choose whether they will be exe­cut­ed by elec­tro­cu­tion or lethal injection.

What qualifies for the death penalty in Florida?

Florida's most recent execution was Edward Thomas James, 63, on March 20 for the 1993 murders of 58-year-old Elizabeth "Betty" Dick and her 8-year-old granddaughter, Toni Neuner, who was raped.

According to Florida Statute §921.141, there are several factors a jury may consider when deciding to impose the death penalty. Once the jury (or judge) finds the defendant guilty, there will be a separate sentencing hearing.

Find Law writes at this hearing, the prosecutor has the opportunity to point to the following aggravating factors:

• The defendant has a prior conviction for a capital felony.
• The defendant committed the crime knowing they were posing a high risk of death to many.
• The offender committed a crime of violence against the victim.
• The defendant acted while trying to avoid arrest.
• The offender acted for financial or pecuniary gain.
• The homicide was "cold, calculated, and premeditated."
• The killing was heinous, cruel, and atrocious.
• The victim was a peace officer or public official.
• The victim was under the age of 12.
• The crime was gang-related.
• The victim was elderly or otherwise especially vulnerable.
• The defendant was a sexual predator.
• The victim had an order of protection against the defendant.

One other aggravating factor is that the defendant committed the felony while in the commission of any of the following crimes:

• Arson
• Kidnapping
• Sexual battery
• Abuse of the elderly
• Bombing
• Hijacking
• Aggravated child abuse

Florida leads nation in death row exonerations

According to USA TODAY, Florida leads the nation with 30 people exonerated from death row since the state reinstated capital punishment in 1976. 

“In 2024, we saw people with credible evidence of innocence set for execution, followed by extraordinary levels of public frustration and outrage,” said Robin Maher, executive director of the Death Penalty Information Center. “Several high-profile cases fueled new concerns about whether the death penalty can be used fairly and accurately.

Which US states still have the death penalty?

As of March 2025, 27 states still have the death penalty:

• Alabama
• Arizona
• Arkansas
• California
• Florida
• Georgia
• Idaho
• Indiana
• Kansas
• Kentucky
• Louisiana
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• North Carolina
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Wyoming

When is Florida's next execution?

Michael Tanzi, 48, is scheduled to be executed on April 8 at Florida State Prison, according to Death Penalty Center.

The Associated Press wrote Tanzi was convicted of kidnapping Miami Herald employee Janet Acosta in 2001 and later strangling her to death.

Contributing: John Kennedy, USA TODAY NETWORK-Florida