Rep. Chris England (D-Tuscaloosa) has pre-filed a bill in the upcoming 2024 session that would allow death row inmates to be resentenced in cases of a practice known as judicial nullity.

A judicial nullity occurs when a judge overturns a jury's sentencing verdict and imposes a death sentence. Alabama abolished judicial annulment in 2017, making it the last state in the nation to implement it, but as a result, the practice leaves about 30 inmates on death row.

The bill proposed by England would allow individuals sentenced before June 1, 2024 to apply to the sentencing court for resentencing. The English government argues that if Alabama concluded that judicial annulment was wrong, why should those sentenced by the practice not be given the opportunity to resent it?

“And if we as a Legislature decide that; [judicial override] That's wrong, and if we do so by enacting a law that removes it, we should give those on death row as a result of the overriding of justice an opportunity to feel outraged.'' .

But what happens if, even though Alabama has abolished this practice, one of the individuals sentenced to death due to judicial override is about to be executed?

Kenneth Eugene Smith is a very unique man, as he is scheduled to be executed on January 25th by nitrogen hypoxia. Mr. Smith was convicted in 2000 for his role in the 1988 murder of Elizabeth Sennett. An 11-1 jury sentenced Smith to life in prison without parole, but that decision was overturned by the court. The judge who sentenced Smith to death.

The English government said it expected some backlash over the judicial annulment bill, particularly because Smith's execution took place just days before parliament reconvened on February 6.

“Honestly, this is a very complicated discussion,” England said. “Because, let's be honest, the person we're preparing to execute by asphyxiation with nitrogen gas was, if I remember correctly, sentenced by judicial annulment…maybe… If we can recognize that judges should not have the unilateral power to sentence the next death sentence, the logical step is that they should also provide relief to those so sentenced. .”

As England has commented, Smith's planned execution is also notable for its use of nitrogen hypoxia, which has never been used before in any state. Alabama's use of this dangerous, odorless gas has drawn national attention and significant concern because it could endanger residents of the surrounding areas where the gas is distributed.

Alabama also released compiled protocols for the use of the gas, but it does not address how the gas is stored, the training of individuals administering it, or how the state procures the gas.The gas is so dangerous that the Alabama Department of Corrections asked Smith's psychological advisor to sign it. document He acknowledged that watching an execution was dangerous. This will be the second time Smith has been executed by Alabama, after a previous attempt using lethal injection in November 2022 failed and executions were suspended until July 2023.

In the case of England, his bill focuses on the nullification of justice, but shows Alabama's ingenuity when it comes to punishment and executing people, but the same creativity is needed to solve problems in the criminal justice system. He says this bill is tied to showing that we never have.

“So it's terrible within our prison system,” England said. And we have all these problems and we can't figure it out. The only thing I know is that they're building a new prison, but other than that I don't know what they're doing. But as soon as someone challenges us and says we have to find a way to kill someone, we say, “Hold on to your beer.” Honestly, it's truly amazing to see what inspires our ingenuity and creativity. ”

Alabama now plans to spend more than $1 billion to build new prison facilities, but many critics say problems of overcrowding, violence and understaffing have not yet been resolved. In December, the ACLU of Alabama released its State Legislature-to-Prison Pipeline Report, which found that 141 bills proposed during the last session would have strengthened the punitive measures of the genocidal system.