Capital Punishment in Utah:

Lethal Injection and Execution by Firing Squad

Capital punishment, widely known as the death penalty, is rarely used in
Utah. Since 1850, a total of 50 criminals have been executed (Capital punishment in
Utah), and only seven cases in the last five years have recognized death as a
punishment. None of these seven cases ended up actually using the death sentence.
There has been one execution in the past thirteen years. Experts have offered
several reasons for the declining use: the alternative sentence of life without parole
is now available; the appeal of a death sentence is costly and slow; and many
victims families wish to see a more timely end to the criminal case (Morgan).
Unlike popular belief, lethal injection is not the only means of bringing about the
death penalty; execution by firing squad was used by Utah in 2010. There are
several positives and negatives to this topic, and it is important to understand its
concepts; what constitutes capital punishment as a reasonable end; what methods
are used, and what are their advantages and disadvantages; and why has there been
a decline in the use of the death penalty?
Obviously, the death penalty would not be suggested as a feasible
punishment in every criminal case. Capital punishment is on a completely different
level from consequences for shoplifting and drug abuse. In order to face the death
penalty as a possible punishment, the criminal would have to have committed a
capital offense; this is defined as aggravated murder for Utah. A capital offense will
be charged to a defendant if the murder was:
Especially heinous, atrocious, cruel, depraved or involved torture; [if] the
defendant committed or attempted to commit more than one murder at the
same time; committed to avoid or prevent arrest, to effect an escape, or to
conceal the commission of a crime; the defendant has been convicted of, or
committed, a prior murder, a felony involving violence, or other serious
felony; committed by a person who isunder a sentence of life
imprisonment or a sentence of death at the time of the homicide;
committed against a witness in a criminal proceeding to prevent the
witness from appearing, or for revenge; committed while the actor was
engaged in, or attempted to, or flight from committed or attempted child
abuse; the defendant was involved in the desecration of a dead human body
or dismembering, mutilation, or disfiguring of the victim's body, either
before or after death; [or if]committed by means of any weapon of mass
destruction (Capital punishment in Utah).
These reasons are only a select few among a long list of potential crimes that classify
as a capital offense in the state of Utah. It is important to note that not all those who
commit capital offenses are given the sentence of death. Many, similar to the seven
cases mentioned previously, are sentenced to life without parole. Prosecutors often
consider the wishes of the victimized family when they decide to seek out a death
sentence for the guilty party (Morgan).
After a defendant is sentenced to death, they go through an entire legal
process in order to confirm that they will indeed be sitting on death row. The steps
are as follows: (1) sentencing, (2) direct review by an appellate court, (3) a state
collateral review, (4) Federal habeas corpus, and (5) the Section 1983 challenge
(Capital punishment in the United States). It is an extremely complex, but critical
process in order to deem defendants worthy of the death penalty. Those sentenced
to death row were offered two different methods of death: lethal injection or
execution by firing squad. Lethal injection was introduced to the state of Utah in
February of 1980. Before this option of execution became available, death row
inmates were permitted to choose between an execution by firing squad or hanging.
Utah was the only state in the country to keep hanging as an option for death row
for as long as it did. The last inmate to be hanged in this state was Barton Kay
Kirkham, who murdered two grocery store clerks during a robbery. He was
executed in 1958 (Capital punishment in Utah). Lethal injection became by far the
most popular way of ending a defendants life, but execution by firing squad was
also used as a method for quite some time.
On January 26, 1996, John Albert Taylor, who raped and murdered a child,
was executed by firing squad. Eight hours after his execution, the first bill proposing
to eliminate this method of punishment was introduced to the Utah House of
Representatives (Capital punishment in Utah). In 2004, legislature passed HB180; a
law that removed the right of sentenced inmates on death row to choose their
method of execution. This new law left lethal injection as the only remaining option
(Capital punishment in Utah). Three inmates chose execution by firing squad before
HB180 was enforced in February of 2004. Utahs latest execution, that of 49-year-
old Ronnie Lee Gardner, was the countrys first sanctioned shooting in 14 years and
the first execution by a method other than lethal injection since Virginia
electrocuted Paul Warner Powell on March 18, 2010 (Capital punishment in Utah).
As mentioned earlier, the usage of the death penalty here in Utah is now rare. Sam
Gill, a Salt Lake County District Attorney, offers some insight:
What you want is a prosecutor who struggles with the death penalty,
because its a decision to take somebodys life. It shouldnt be something we
do arbitrarily. Its not something that we should be cavalier about. It is not
something we should reach to with indiscretion (Morgan).
The reality of the heavy decision and responsibility of prosecutors considering the
death penalty is one of the many reasons why capital punishment in Utah has
declined and in reality has practically halted.
Utah is widely known for its LDS religion. The LDS Church, who once
supported capital punishment, is now taking a neutral stance, with some of its
leaders even opposing it. Arrington Chair of Mormon History and culture at USU,
Philip Barlow, sad, I cant imagine Jesus Christ participating in that sort of justice.
Greg Hughes, a state representative and Mormon, agreed with Barlow; I dont want
to give government the right to execute citizens, period. Inevitably, youre going to
kill innocent people (Moulton). Other religions have also expressed their opinions
on the matter. For instance, Shuaib-ud Din, imam for the Utah Islamic Center
believes that Muhammads preachings and the Quran are in support of the death
penalty. He stated that near perfection must be required of the judicial system in
order for capital punishment to happen fairly (Moulton). Rabbi Joshua Aaronson
from Park Citys Temple Har Shalom expressed that Jews have never seen an eye
for an eye as an excuse for retribution, for taking the life of even a killer [he
states:] We diminish ourselves as a state whenever we put to death anyone by any
means (Moulton). Catholic pastor, Monsignor M. Francis Mannion also expressed
that his religion has taught that the death penalty is unacceptable since the 60s. He
stated, It is part of the churchs pro-life stance, which opposes killing anyone
(Moulton).
Throughout the years, Utah has focused more on the disadvantages of lethal
injection than the positives. Although lethal injection seems much more humane
than execution by firing squad, it is in fact the lesser humane option of the two
(Sanchez). John W. Deering was subject to an experiment that observed what
happened to the heart during his execution by firing squad. In May of 1938, he
voluntarily had himself hooked up to a monitor while he was shot. The tests showed
that his heart actually stopped within 15 seconds of being hit (John Deering). But, it
is true that the process of lethal injection is much less gruesome and more appealing
to the public eye. Therefore, it appears to be more humane. One big problem that
has been discovered with the death penalty is its unreasonably high costs. Seeking
the death penalty costs the sate an additional $1/6 million per inmate from trial to
execution compared to life-without-parole cases (Adam).
Death penalty in Utah has severely declined, and its use is not expected to
rise in number any time soon. Religions who were once in support of this capital
punishment are now changing their views and opposing it. It costs Utah an
unbelievable amount of money in order to perform an execution by lethal injection,
and while using other methods could solve this problem of cost, lethal injection is
now the only legal means of bringing about an execution.
Works Cited:
Adams, B.. "COSTS: In Utah, Each Death Penalty Case Costs $1.6 Million Extra." Death
Penalty Information Center. Death Penalty Information Center, 15 Nov 2012.
Web. 25 Nov 2013.
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Barton Kay Kirkham. Wikipedia The Free Encyclopedia. Wikipedia Foundation,
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28 Oct 2013. Web. 25 Nov 2013.
<http://en.wikipedia.org/wiki/Barton_Kay_Kirkham>.

"Capital punishment in the United States." Wikipedia - The Free Encyclopedia.
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<http://en.wikipedia.org/wiki/John_Deering>.

Morgan, E.. "Death Penalty Now Rarely Used in Utah.Death Penalty Information
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<http://www.deathpenaltyinfo.org/death-penalty-now-rarely-used-utah>.

Moulton, K.. "NEW VOICES: Utah Religious Leaders Express Concerns about the
Death
Penalty in Anticipation of Firing Squad Execution." Death Penalty Information
Center. Death Penalty Information Center, 10 Jun 2010. Web. 25 Nov 2013.
<http://www.deathpenaltyinfo.org/new-voices-utah-religious-leaders-
express-concerns-about-death-penalty-anticipation-firing-squad-exe>.

Sanchez, Ray. "Ronnie Lee Gardner Executed by Firing Squad in Utah." abcNews. ABC
News Network, 18 Jun 2010. Web. 25 Nov 2013.
<http://abcnews.go.com/GMA/Broadcast/convicted-killer-ronnie-lee-
gardner-executed-utah/story?id=10949786&page=3>.

Rideau, Wilbert. "My Life on Death Row." The Progressive. The Progressive
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<http://progressive.org/rideau0411.html>.
"Ronnie Lee Gardner." Wikipedia - The Free Encyclopedia. Wikipedia Foundation,
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<http://en.wikipedia.org/wiki/Ronnie_Lee_Gardner>.