Utah Death Penalty Methods — Firing Squad and Lethal Injection
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Lethal injection — Utah's primary method
Utah Code § 77-19-10(1) authorizes lethal injection as the default execution method. The state historically used a three-drug protocol: sodium thiopental (anesthetic), pancuronium bromide (paralytic), and potassium chloride (cardiac arrest). After 2010-era drug shortages affecting all death penalty states, Utah switched to alternative protocols including single-drug pentobarbital. The August 2024 execution of Taberon Honie used a single-drug pentobarbital protocol, the first Utah lethal injection in nearly 25 years. Drug procurement remains a persistent challenge for death penalty states because European pharmaceutical manufacturers refuse to supply U.S. departments of corrections for execution purposes.
Firing squad — Utah's backup method
Utah Code § 77-19-10(2) authorizes firing squad when lethal injection is unavailable or held unconstitutional. The procedure: five Utah peace officers fire .30-caliber rifles from a distance of approximately 25 feet at a target attached over the inmate's heart. Four rifles contain live rounds; one contains a blank (to preserve individual deniability of which officer fired the fatal shot). Utah has used firing squad three times post-1976: Gary Gilmore (January 17, 1977) — the first execution after the post-Furman reinstatement; John Albert Taylor (January 26, 1996); and Ronnie Lee Gardner (June 18, 2010). Each chose firing squad over lethal injection when allowed under earlier Utah statutes.
Why Utah retained firing squad
Practical and constitutional reasons. Practical: lethal injection drug shortages have caused executions to be postponed in many death penalty states. Firing squad provides a backup method that doesn't depend on pharmaceutical supply chains. Constitutional: the Supreme Court has rejected Eighth Amendment challenges to firing squad as a method of execution (Wilkerson v. Utah, 99 U.S. 130 (1879)). Modern Eighth Amendment doctrine under Baze v. Rees, 553 U.S. 35 (2008) and Glossip v. Gross, 576 U.S. 863 (2015) requires defendants challenging an execution method to identify a "feasible, readily implemented alternative" — firing squad has been cited as exactly such an alternative in several states' lethal injection challenges.
Texas comparison — lethal injection only
Texas authorizes only lethal injection under Government Code § 552.011. Texas pioneered lethal injection — Charlie Brooks Jr. (December 7, 1982) was the first U.S. inmate executed by lethal injection. Texas executes more people than any other state — over 580 since 1976 (Death Penalty Information Center). The Texas Department of Criminal Justice's Huntsville Unit ("the Walls") houses the execution chamber. Texas has consistently been able to procure execution drugs through compounding pharmacies under confidentiality statutes (Government Code § 552.108) that protect supplier identities from public disclosure. Texas defendants have unsuccessfully challenged this confidentiality on First Amendment and due process grounds.
How Texas handles drug shortages
Texas's strategy for navigating lethal injection drug shortages includes (1) supplier confidentiality under Government Code § 552.108 protecting compounding pharmacy identities; (2) single-drug pentobarbital protocols replacing three-drug protocols; (3) legislative authorization to procure drugs from any source consistent with state and federal law; (4) post-execution autopsy and reporting protocols documenting drug effectiveness. Texas has not enacted firing squad or alternative method backup despite occasional legislative proposals. The state's lethal-injection-only framework has been challenged in federal habeas corpus proceedings but never invalidated on Eighth Amendment or method-availability grounds.
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Frequently Asked Questions
How many people has Utah executed by firing squad?
Three in the post-1976 modern era: Gary Gilmore (1977), John Albert Taylor (1996), and Ronnie Lee Gardner (2010). Each chose firing squad over lethal injection when allowed under earlier Utah statutes.
What drug does Utah use for lethal injection?
Single-drug pentobarbital protocol as of the August 2024 Taberon Honie execution. Utah previously used a three-drug protocol of sodium thiopental, pancuronium bromide, and potassium chloride, but transitioned after the 2010-era drug shortages affecting all death penalty states.
Is firing squad constitutional under the Eighth Amendment?
Yes — the Supreme Court upheld firing squad in Wilkerson v. Utah, 99 U.S. 130 (1879), and modern jurisprudence under Baze v. Rees and Glossip v. Gross has not invalidated it. Several states have cited firing squad as a "readily implemented alternative" when defendants challenge lethal injection.
Does Texas authorize firing squad?
No — Texas Government Code § 552.011 authorizes only lethal injection. Despite occasional legislative proposals to add alternative methods, Texas has not adopted firing squad, electric chair, gas, or hanging as backup methods.
Why are execution drugs hard to obtain?
European pharmaceutical manufacturers refuse to supply U.S. departments of corrections for execution purposes due to EU export controls and corporate policy. U.S. drug manufacturers face similar pressure. States have turned to compounding pharmacies under confidentiality statutes to preserve drug supply.
References & Statutes
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