Capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
is a legal penalty in the U.S. state of
Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...
.
Utah was the first state to resume executions after the 1972–1976 national moratorium on capital punishment ended with ''
Gregg v. Georgia
''Gregg v. Georgia'', ''Proffitt v. Florida'', ''Jurek v. Texas'', ''Woodson v. North Carolina'', and ''Roberts v. Louisiana'', 428 U.S. 153 (1976), is a landmark decision of the U.S. Supreme Court. It reaffirmed the Court's acceptance of the use ...
'', when
Gary Gilmore
Gary Mark Gilmore (born Faye Robert Coffman; December 4, 1940 – January 17, 1977) was an American criminal who gained international attention for demanding the implementation of his death sentence for two murders he had admitted to committing ...
was
executed by firing squad
Execution by firing squad, in the past sometimes called fusillading (from the French ''fusil'', rifle), is a method of capital punishment, particularly common in the military and in times of war. Some reasons for its use are that firearms are us ...
in 1977. Utah is one of only two states to have ever carried out executions by
firing squad
Execution by firing squad, in the past sometimes called fusillading (from the French ''fusil'', rifle), is a method of capital punishment, particularly common in the military and in times of war. Some reasons for its use are that firearms are us ...
, and the only one to do so after the moratorium ended.
History
![Execution of John D](https://upload.wikimedia.org/wikipedia/commons/4/46/Execution_of_John_D._Lee.png)
The spring 1850
garroting
A garrote or garrote vil (a Spanish word; alternative spellings include garotte and similar variants''Oxford English Dictionary'', 11th Ed: garrotte is normal British English spelling, with single r alternate. Article title is US English spellin ...
of Patsowits, a
Ute
Ute or UTE may refer to:
* Ute (band), an Australian jazz group
* Ute (given name)
* ''Ute'' (sponge), a sponge genus
* Ute (vehicle), an Australian and New Zealand term for certain utility vehicles
* Ute, Iowa, a city in Monona County along ...
, was the first recorded execution in the provisional
State of Deseret
The State of Deseret (modern pronunciation , contemporaneously ) was a proposed state of the United States, proposed in 1849 by settlers from the Church of Jesus Christ of Latter-day Saints (LDS Church) in Salt Lake City. The provisional stat ...
.
Utah Territory
The Territory of Utah was an organized incorporated territory of the United States that existed from September 9, 1850, until January 4, 1896, when the final extent of the territory was admitted to the Union as the State of Utah, the 45th state. ...
was established in September 1850, and it permitted condemned prisoners to choose between hanging and firing squad. In 1851,
beheading
Decapitation or beheading is the total separation of the head from the body. Such an injury is invariably fatal to humans and most other animals, since it deprives the brain of oxygenated blood, while all other organs are deprived of the i ...
was introduced as a third execution option.
No prisoner chose this method and the option was eliminated in 1888.
In 1955, Utah state lawmakers voted to introduce the
electric chair
An electric chair is a device used to execute an individual by electrocution. When used, the condemned person is strapped to a specially built wooden chair and electrocuted through electrodes fastened on the head and leg. This execution method, ...
; however, the state never used electrocution due to failure to provide appropriation.
Forty-four executions occurred in the
State of Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to its we ...
and Utah Territory before the national moratorium in 1972;
six were by hanging and 38 were by firing squad.
In 1958, twenty-one-year-old
Barton Kay Kirkham
Barton Kay Kirkham (November 29, 1936 – June 7, 1958) was a member of the United States Air Force who was discharged in 1955 after committing a robbery in Colorado while absent without leave (AWOL). In 1956, he was sentenced to death after ...
became the last prisoner to be hanged by the state of Utah.
The last pre-moratorium execution in Utah took place on March 30, 1960.
![Gardner execution protest Utah steps](https://upload.wikimedia.org/wikipedia/commons/1/18/Gardner_execution_protest_Utah_steps.jpg)
In 1967, when the last pre-moratorium execution took place, Utah was the only remaining state to allow death row inmates to choose between firing squad and
hanging
Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging i ...
.
Utah attempted to reintroduce death penalty statutes during the moratorium but they were struck down by the 1972
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
decision in the case ''
Furman v. Georgia
''Furman v. Georgia'', 408 U.S. 238 (1972), was a landmark criminal case in which the United States Supreme Court invalidated all then existing legal constructions for the death penalty in the United States. It was 5–4 decision, with each memb ...
''. The state formally reinstated capital punishment on January 7, 1973, and the new death penalty statutes were approved by the United States Supreme Court with the reinstatement of capital punishment in 1976. The reinstatement allowed Utah to move forward with the death sentences of
Dale Selby Pierre and William Andrews for crimes committed in 1974 prior to the reinstatement of capital punishment. They were later executed in 1987 and 1992, respectively. On January 17, 1977, Utah became the first state to execute a prisoner after the moratorium ended:
Gary Gilmore
Gary Mark Gilmore (born Faye Robert Coffman; December 4, 1940 – January 17, 1977) was an American criminal who gained international attention for demanding the implementation of his death sentence for two murders he had admitted to committing ...
was executed by a firing squad, having selected that method over hanging. Lethal injection was introduced in 1980
and in February of that year, the
Utah State Legislature
The Utah State Legislature is the state legislature of the U.S. state of Utah. It is a bicameral body, comprising the Utah House of Representatives, with 75 state representatives, and the Utah Senate, with 29 state senators. There are no term li ...
replaced the option of hanging with the option of lethal injection.
The first
bill
Bill(s) may refer to:
Common meanings
* Banknote, paper cash (especially in the United States)
* Bill (law), a proposed law put before a legislature
* Invoice, commercial document issued by a seller to a buyer
* Bill, a bird or animal's beak
Plac ...
proposing to eliminate the firing squad option was introduced in the
Utah House of Representatives
The Utah House of Representatives is the lower house of the Utah State Legislature, the state legislature of the U.S. state of Utah. The House is composed of 75 representatives elected from single member constituent districts. Each district conta ...
in January 1996.
In 2004, the legislature passed HB180, which removed the right of the condemned to choose the method of execution and left lethal injection as the only remaining option in the state.
The abolition of the firing squad was not
retroactive; three inmates on
death row
Death row, also known as condemned row, is a place in a prison that houses inmates awaiting Capital punishment, execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of ...
at
Utah State Prison
Utah State Prison (USP) was one of two prisons managed by the Utah Department of Corrections' Division of Institutional Operations. It was located in Draper, Utah, United States, about southwest of Salt Lake City.Utah Department of Correct ...
who chose this method of execution before the end of February 2004 were to be executed by firing squad under a
grandfather clause
A grandfather clause, also known as grandfather policy, grandfathering, or grandfathered in, is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from t ...
.
Utah's most recent execution, that of 49-year-old
Ronnie Lee Gardner
Ronnie Lee Gardner (January 16, 1961 – June 18, 2010) was an American criminal who received the death penalty for killing a man during an attempted escape from a courthouse in 1985, and was executed by a firing squad by the state of Utah in 2 ...
on June 18, 2010, was the state's third execution by firing squad since the capital punishment moratorium was lifted, and the country's first sanctioned shooting in 14 years.
Legislation signed by Utah Governor
Gary Herbert
Gary Richard Herbert (born May 7, 1947) is an American politician who served as the 17th Governor of Utah from 2009 to 2021. A member of the Republican Party, he chaired the National Governors Association during the 2015–2016 cycle.
Herbert wo ...
in March 2015 restores the firing squad as a legal method of execution, requiring its use if the state is unable to obtain the necessary lethal injection drugs within 30 days of a scheduled execution.
[HB0011](_blank)
/ref>[Herbert signs firing squad alternate for executions into law](_blank)
/ref>
Utah is the only state besides Nevada
Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
to have ever used the firing squad. South Carolina
)''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no)
, anthem = " Carolina";" South Carolina On My Mind"
, Former = Province of South Carolina
, seat = Columbia
, LargestCity = Charleston
, LargestMetro = ...
and Oklahoma
Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
are the only other states currently allowing firing squads, with Oklahoma allowing them solely in the event that lethal injection
Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital puni ...
, nitrogen hypoxia
Inert gas asphyxiation is a form of asphyxiation which results from breathing a physiologically inert gas in the absence of oxygen, or a low amount of oxygen, rather than atmospheric air (which is composed largely of nitrogen and oxygen). Example ...
and electrocution
Electrocution is death or severe injury caused by electric shock from electric current passing through the body. The word is derived from "electro" and "execution", but it is also used for accidental death.
The term "electrocution" was coined ...
are all declared unconstitutional.
Method
Following the abolition of the firing squad, lethal injection
Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital puni ...
became the state's only means of execution until 2015, and currently the primary method, with the firing squad being added as a backup method because of pharmaceutical companies' moves to limit the use of their drugs in executions.
Executions in Utah are currently performed at the Utah State Prison
Utah State Prison (USP) was one of two prisons managed by the Utah Department of Corrections' Division of Institutional Operations. It was located in Draper, Utah, United States, about southwest of Salt Lake City.Utah Department of Correct ...
in Draper, Utah
Draper is a city in Salt Lake and Utah counties in the U.S. state of Utah, about south of Salt Lake City along the Wasatch Front. As of the 2020 census, the population is 51,017, up from 7,143 in 1990.
Draper is part of two metropolitan areas; ...
. Because the ethics standards of the American Medical Association
The American Medical Association (AMA) is a professional association and lobbying group of physicians and medical students. Founded in 1847, it is headquartered in Chicago, Illinois. Membership was approximately 240,000 in 2016.
The AMA's state ...
forbid physician involvement in executions, other healthcare professionals including paramedics and nurses perform executions in Utah. Paramedics and nurses, however, are also forbidden from participation in executions by their own professional organizations' ethics codes. The prison protects the anonymity of professionals involved in executions, making it impossible for professional organizations to impose sanctions.
Legal process
When the prosecution seeks the death penalty, the sentence is decided by the jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
and must be unanimous.
In case of a hung jury
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again.
...
during the penalty phase of the trial, a life sentence is issued, even if a single juror opposed death (there is no retrial).
The power of clemency with respect to death sentences belongs to the Utah Board of Pardons and Parole, which consists of five members appointed by the governor with consent of the state senate. The governor can only grant a stay of execution not extending beyond the next session of the board.
Capital crimes
Under Utah law, aggravated murder is the only crime subject to the penalty of death. It is defined as follows:[Utah Code § 76-5-202]
#The murder was committed by a person who is confined in a jail or other correctional institution;
#The murder was committed incident to one act, scheme, course of conduct, or criminal episode during which two or more persons were killed, or during which the murderer attempted to kill one or more persons in addition to the victim who was killed;
#The murderer knowingly created a great risk of death to a person other than the victim and the murderer;
#The murder was committed incident to an act, scheme, course of conduct, or criminal episode during which the murderer committed or attempted to commit aggravated robbery, robbery, rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy upon a child, forcible sexual abuse, sexual abuse of a child, aggravated sexual abuse of a child, child abuse, aggravated sexual assault, aggravated arson, arson, aggravated burglary, burglary, aggravated kidnapping, or kidnapping, or child kidnapping;
#The murder was committed incident to one act, scheme, course of conduct, or criminal episode during which the murderer committed the crime of abuse or desecration of a dead human body;
#The murder was committed for the purpose of avoiding or preventing an arrest of the defendant or another by a peace officer acting under color of legal authority or for the purpose of effecting the defendant's or another's escape from lawful custody;
#The murder was committed for pecuniary gain;
#The murderer committed, or engaged or employed another person to commit the homicide pursuant to an agreement or contract for remuneration or the promise of remuneration for commission of the homicide;
#The murderer previously committed or was convicted of aggravated murder, attempted aggravated murder, murder, attempted murder, or an offense committed in another jurisdiction which if committed in this state would be one of these;
#The murderer was previously convicted of a specified felony such as child rape;
#The murder was committed for the purpose of:
#*preventing a witness from testifying;
#*retaliating against a person for testifying, providing evidence, or participating in any legal proceedings or official investigation; or
#*disrupting or hindering any lawful governmental function or enforcement of laws;
#The victim is or has been a local, state, or federal public official, or a candidate for public office, and the homicide is based on, is caused by, or is related to that official position, act, capacity, or candidacy;
#The victim is or has been a peace officer, law enforcement officer, executive officer, prosecuting officer, jailer, prison official, firefighter, judge or other court official, juror, probation officer, or parole officer, and the victim is either on duty or the homicide is based on, is caused by, or is related to that official position, and the murderer knew, or reasonably should have known, that the victim holds or has held that official position;
#The homicide was committed:
#*by means of a destructive device, bomb, explosive, incendiary device, or similar device which was planted, hidden, or concealed in any place, area, dwelling, building, or structure, or was mailed or delivered;
#*by means of any weapon of mass destruction; or
#*to target a law enforcement officer;
#The murder was committed during the act of unlawfully assuming control of any aircraft, train, or other public conveyance by use of threats or force with intent to obtain any valuable consideration for the release of the public conveyance or any passenger, crew member, or any other person aboard, or to direct the route or movement of the public conveyance or otherwise exert control over the public conveyance;
#The murder was committed by means of the administration of a poison or of any lethal substance or of any substance administered in a lethal amount, dosage, or quantity;
#The victim was a person held or otherwise detained as a shield, hostage, or for ransom;
#The murder was committed in an especially heinous, atrocious, cruel, or exceptionally depraved manner, any of which must be demonstrated by physical torture, serious physical abuse, or serious bodily injury of the victim before death;
#The murderer dismembers, mutilates, or disfigures the victim's body, whether before or after death, in a manner demonstrating the murderer's depravity of mind; or
#The victim, at the time of the death was younger than 14 years of age and was not an unborn child.
See also
* List of people executed in Utah
* List of death row inmates in Utah
* Crime in Utah
This article refers to crime in the U.S. state of Utah.
Statistics
In 2008 there were 98,457 crimes reported in Utah, including 40 murders. In 2014 there were 91,057 crimes reported, including 67 murders.
Capital punishment laws
Capital punishm ...
References
External links
Aggravated murder
''Utah State Legislature''. Retrieved on 2007-11-10.
''Utah State Legislature''. Retrieved on 2007-11-10.
''Utah State Legislature''. Retrieved on 2007-11-10.
{{DEFAULTSORT:Capital Punishment In Utah
Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...
Crime in Utah
Utah law
Mormonism and death