Capital punishment in Utah

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Capital punishment is a legal penalty in the U.S. state of Utah .

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Utah was the first state to resume executions after the 1972–1976 national moratorium on capital punishment ended with Gregg v. Georgia , when Gary Gilmore was executed by firing squad in 1977. Utah is one of only three states to have ever carried out executions by firing squad, and one of only two to do so after the moratorium ended, the other being South Carolina.

History

John D. Lee was executed by firing squad in 1877 for his role in the Mountain Meadows massacre. Execution of John D. Lee.png
John D. Lee was executed by firing squad in 1877 for his role in the Mountain Meadows massacre.

The spring 1850 garroting of Patsowits, a Ute, was the first recorded execution in the provisional State of Deseret. [1] Utah Territory was established in September 1850, and it permitted condemned prisoners to choose between hanging and firing squad. In 1851, beheading was introduced as a third execution option. [2] No prisoner chose this method and the option was eliminated in 1888. [3] In 1955, Utah state lawmakers voted to introduce the electric chair; however, the state never used electrocution due to failure to provide appropriation. [4] Forty-four executions occurred in the State of Utah and Utah Territory before the national moratorium in 1972; [5] six were by hanging and 38 were by firing squad. [6] In 1958, twenty-one-year-old Barton Kay Kirkham became the last prisoner to be hanged by the state of Utah. [7] The last pre-moratorium execution in Utah took place on March 30, 1960.

A rally at the Utah State Capitol protests the execution of Ronnie Lee Gardner. Gardner execution protest Utah steps.jpg
A rally at the Utah State Capitol protests the execution of Ronnie Lee Gardner.

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. [4] [8] Utah attempted to reintroduce death penalty statutes during the moratorium but they were struck down by the 1972 United States Supreme Court decision in the case Furman v. Georgia . [9] The state formally reinstated capital punishment on January 7, 1973, [10] 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 was executed by a firing squad, [11] having selected that method over hanging. Lethal injection was introduced in 1980 [8] and in February of that year, the Utah State Legislature replaced the option of hanging with the option of lethal injection. [12]

The first bill proposing to eliminate the firing squad option was introduced in the Utah House of Representatives in January 1996. [13] 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. [14] [15] The abolition of the firing squad was not retroactive; three inmates on death row at Utah State Prison who chose this method of execution before the end of February 2004 were to be executed by firing squad under a grandfather clause. [15] The execution of 49-year-old Ronnie Lee Gardner 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. [14]

Legislation signed by Utah Governor Gary Herbert 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. [16] [17]

Utah is the only state besides Nevada and South Carolina to have ever used the firing squad. As of July 2025, four inmates remain on death row following the execution of Taberon Honie and the overturning of Douglas Lovell's and Douglas Stewart Carter's death sentences by the Utah Supreme Court. [18] The four remaining inmates currently on Utah's death row are Ralph Leroy Menzies, Michael Anthony Archuleta, Von Lester Taylor, and Troy Kell. [19]

Method

The primary method of execution is lethal injection, however firing squad is also an alternative legal method of execution under Utah law. The firing squad is to be used if an inmate sentenced prior to 2004 affirmatively elected firing squad as their preferred method of execution or if, within 30 days of the scheduled execution date, the state cannot obtain the necessary substances to carry out the sentence by lethal injection for an inmate who was sentenced after 2004, or was sentenced prior to 2004 and either affirmatively elected lethal injection or declined to choose a preferred method of execution. [16] [17]

The execution chamber in the former Utah State Prison. The gurney to the left is used for lethal injection, and the metal chair to the right is used for execution by firing squad. This facility was decommissioned in 2022 with the opening of the Utah State Correctional Facility, however the same gurney and the metal chair were moved to the similarly modelled new execution chamber. Execution Chamber at Utah State Prison.jpg
The execution chamber in the former Utah State Prison. The gurney to the left is used for lethal injection, and the metal chair to the right is used for execution by firing squad. This facility was decommissioned in 2022 with the opening of the Utah State Correctional Facility, however the same gurney and the metal chair were moved to the similarly modelled new execution chamber.

Executions in Utah are currently performed at the Utah State Correctional Facility in Salt Lake City, with the first execution being carried out in 2024 in the new execution chamber. Prior to July 2022, they were carried out at the Utah State Prison in Draper. [20] Because the ethics standards of the American Medical Association forbid physician involvement in executions, other healthcare professionals including paramedics and nurses perform executions in Utah. [21] Paramedics and nurses, however, are also forbidden from participation in executions by their own professional organizations' ethics codes. [22] [23] [24] The prison protects the anonymity of professionals involved in executions, making it impossible for professional organizations to impose sanctions. [25]

Capital crimes

Under Utah law, aggravated murder is the only crime punishable by death. It is defined in Utah Code § 76-5-202 and includes the intentional or knowing killing of another individual under any of the following circumstances:

1. While in Custody or with Prior Offenses

2. Multiple Victims or Collateral Risk

3. During the Commission of Other Felonies

4. Obstruction of Justice or Escape

5. Targeted Victims

Note: The victim's official role must be the motive for the killing.

and was killed because of their official duties. [35]

6. Especially Heinous or Contractual Murders

7. Methods of Killing

8. Felony Murder with Reckless Indifference

Under Utah law, the death penalty may only be imposed for aggravated murder if the prosecution files a formal notice of intent to seek the death penalty. [46]

Notice of intent

Limits on capital sentencing

Special mitigation

Affirmative defense

Sentencing procedure and clemency

See also

References

  1. Schindler, Hal (January 28, 1996). "Taylor's Death Was Quick . . . But Some Weren't So Lucky". The Salt Lake Tribune . Archived from the original on June 10, 2010. Retrieved June 26, 2010.
  2. "The Death Penalty for Murder". Deseret Evening News . George Q. Cannon, Brigham Young. May 16, 1879. p. 2. Retrieved October 6, 2010.
  3. Stack, Peggy Fletcher (June 4, 2010). "Is 'blood atonement' behind Utah firing squad request?". Scripps News. Archived from the original on 10 March 2012. Retrieved 6 October 2010.
  4. 1 2 "UTAH: Tales of the Firing Squad". Time. July 11, 1955. Archived from the original on December 15, 2008. Retrieved April 28, 2010.
  5. Martz, Maxine (January 15, 1977). "Gilmore would be No. 45 on death list". Deseret News . p. 1. Retrieved November 10, 2010.
  6. "2 More Inmates In 'Death Row' At State Prison". Deseret News . March 31, 1960. p. 4B. Retrieved 29 November 2010.
  7. Metcalf Jr., Dan (June 17, 2010). "History of Utah executions". KTVX. Archived from the original on June 22, 2010. Retrieved October 4, 2010.
  8. 1 2 Gillespie, L. Kay (1994), "Capital Punishment in Utah", Utah History Encyclopedia, University of Utah Press, ISBN   9780874804256, archived from the original on March 21, 2024, retrieved April 6, 2024
  9. Furman v. Georgia
  10. Death Penalty Information Center Archived May 23, 2015, at the Wayback Machine
  11. Death Penalty Information Center Archived April 21, 2008, at the Wayback Machine
  12. "Utah bans executions by hanging". Lawrence Journal-World . Associated Press. March 9, 1980. p. 1. Retrieved October 4, 2010.
  13. Donaldson, Amy (January 26, 1996). "Firing squad carries out execution". Deseret News . pp. 1–3. Archived from the original on October 21, 2012. Retrieved November 2, 2010.
  14. 1 2 "Utah firing squad executes US killer Ronnie Lee Gardner". BBC News. June 18, 2010. Retrieved June 22, 2010.
  15. 1 2 Dobner, Jennifer (January 22, 2004). "Plan to abolish firing squad advances". Deseret News . pp. 1–2. Archived from the original on October 21, 2012. Retrieved October 3, 2010.
  16. 1 2 HB0011
  17. 1 2 Herbert signs firing squad alternate for executions into law
  18. Schoenbaum, Hannah. "Utah man who killed woman is put to death by lethal injection in state's first execution since 2010". Associated Press.
  19. "Utah Supreme Court affirms ruling ordering new trial for death row inmate". Utah News Dispatch. May 15, 2025.
  20. "Methods of Execution". Archived from the original on 2008-07-03. Retrieved 2008-04-15.
  21. The Deseret News – Google News Archive Search
  22. "Archived copy" (PDF). Archived from the original (PDF) on 2015-02-26. Retrieved 2015-02-26.{{cite web}}: CS1 maint: archived copy as title (link)
  23. MMS: Error
  24. "Archived copy" (PDF). Archived from the original (PDF) on 2014-11-14. Retrieved 2015-02-26.{{cite web}}: CS1 maint: archived copy as title (link)
  25. Practicing Medicine on Death Row
  26. § 76-5-202(2)(a)(i)
  27. § 76-5-202(2)(a)(ix)-(x)
  28. § 76-5-202(2)(a)(ii)
  29. § 76-5-202(2)(a)(iii)
  30. § 76-5-202(2)(a)(iv)
  31. § 76-5-202(2)(a)(v)
  32. § 76-5-202(2)(a)(vi)
  33. § 76-5-202(2)(a)(xi)
  34. § 76-5-202(2)(a)(xii)
  35. § 76-5-202(2)(a)(xiii)
  36. § 76-5-202(2)(a)(xx)
  37. § 76-5-202(2)(a)(xvii)
  38. § 76-5-202(2)(a)(xviii)
  39. § 76-5-202(2)(a)(xix)
  40. § 76-5-202(2)(a)(vii)-(viii)
  41. § 76-5-202(2)(a)(xiv)
  42. § 76-5-202(1)(a)(vii), (2)(a)(xiv)(C)
  43. § 76-5-202(2)(a)(xv)
  44. § 76-5-202(2)(a)(xvi)
  45. "Utah Code § 76-5-202(2)(b)". Utah Legislature. Retrieved 2025-08-15.
  46. § 76-5-202(3)(a)
  47. § 76-5-202(3)(c)
  48. § 76-5-202(3)(d)
  49. § 76-5-202(3)(b), (e)
  50. § 76-5-202(3)(f)
  51. § 76-5-202(4)