Idaho Governor Brad Little signed House Bill 37 into
law on March 12, 2025, designating the firing squad as the state's primary
method of execution.
3/17/25
(Old but Newsworthy)
Summary
Idaho
Governor Brad Little signed House Bill 37 into law on March 12, 2025,
designating the firing squad as the state's primary method of execution,
effective July 1, 2026. This decision aligns with his stated support for
capital punishment and the Idaho Legislature's policy on execution methods. The
bill passed with significant support in both chambers—28–7 in the Senate and
58–11 in the House—though three Republican lawmakers joined all 15 Democrats in
opposing it. Idaho is now the only state to authorize the firing squad as its
primary execution method, with lethal injection as an alternative.
The move
follows South Carolina's first firing squad execution in March 2025, marking
the first such execution in the U.S. since 2010. Idaho's shift was partly
driven by challenges in procuring lethal injection drugs and concerns over
botched procedures. Proponents argue the firing squad is humane, quick, and
ensures justice for victims, while critics, including Senator Dan Foreman,
describe it as inhumane and barbaric.
In 2023,
Idaho had authorized firing squad executions as an alternative if lethal
injection was unavailable. However, the new law makes it the default method. A
2022 secrecy law prevents disclosure of execution team identities or
qualifications. Meanwhile, Idaho's last execution was in 2012, and attempts to
execute Thomas Creech in 2024 by lethal injection failed due to collapsed
veins, leading to a stay of execution. Renovations for an execution preparation
room cost $313,915, but constructing a firing squad facility is estimated to
cost over $950,000.
Additionally,
Idaho passed House Bill 380, expanding the death penalty to include severe
cases of aggravated lewd conduct against children aged 12 and under when
additional aggravating factors exist. Together, these laws represent a
significant shift in Idaho's criminal justice policy, sparking national debate
over the state's approach to justice, punishment, and the death penalty's role.
Supporters claim the measures emphasize the seriousness of crimes against
children, while critics raise constitutional and ethical concerns.
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On March 12, 2025, Idaho Governor Brad Little (pictured) signed
House Bill 37 into law, making the firing squad the state’s primary method
of execution. In a statement to Catholic News Agency, Gov. Little said, “I have long made clear my support of capital
punishment…My signing of [this bill] is consistent with my support of
the Idaho Legislature’s actions in setting the policies around methods of execution
in the state of Idaho.” The bill, which takes effect on July 1, 2026, passed both chambers
of the Idaho Legislature by wide margins, with a vote of 28 – 7
in the Senate and 58 – 11 in the House. Just three
Republican lawmakers joined all 15
of their Democratic colleagues in voting against the bill. As
of November 2024, the Idaho Department of Corrections had not begun work on construction
of a secured facility for executions via firing squad, with recent estimates
for the pending work running as high as $950,000.
Five states — Idaho, Mississippi, Oklahoma, South Carolina, and
Utah — allow for execution by
firing squad. Idaho is the only state that authorizes
firing squad as its primary method of execution. On March 7,
2025, South Carolina executed Brad Sigmon by firing squad, the state’s
first-ever execution by this method and the first execution of its kind in
the U.S. since 2010. Per South Carolina law, Mr. Sigmon was tasked with electing
his method of execution and
ultimately chose death by firing squad because of unanswered concerns with the state’s lethal
injection protocol and its more than 100-year-old electric chair.
In 2023, the Idaho legislature passed a bill authorizing firing
squad executions as an alternative method if lethal injection was unavailable.
Under the new bill,
the firing squad is now the primary method of execution and lethal injection
is the alternative. A March 2022 secrecy law precludes the state from disclosing
to both the public and courts information about the identities, skills, and
qualifications of the individuals on an execution team. Those in support
of the new legislation argued
in committee hearings that the firing squad is a humane method of execution and would avoid
the state’s issues in procuring
the drugs needed for lethal injection executions. Representative Bruce
Skaug, a co-sponsor of the legislation, told colleagues in February that
“At first when you hear firing squad, if you’re not familiar with the history,
you think ‘well that
sounds barbaric’ is what I’ve
heard from some…It is certain. It is quick. And it brings justice for the victims
and their families in a more expeditious manner than other types.” But
Senator Dan Foreman, a veteran and former police officer, and the only
Republican senator to vote against the bill, expressed
concerns. “Projecting a piece of metal at 3,200 feet-per-second,
give or take, through the human body is anything but humane,” he told his colleagues.
“I can say that because I’ve seen it. I wished
I hadn’t seen it.”
Others, including Senator Brian Lenney, claimed that death by
firing squad would be “instantaneous” and “an act of mercy.” Sen. Foreman
added that “the claims that it’s instantaneous. Well, yes — sometimes it
is, sometimes it is not. And if you’ve ever seen that, I think you would
change your mind on how you’re about to vote.” Senate Minority Leader Melissa
Wintrow said the bill is “a move backward.” She added, “It’s barbaric, and
it unfortunately puts
the optics of Idaho in a place that I don’t think we care to be.”
Idaho’s last execution was
carried out in 2012. In February 2024, the state attempted to
execute Thomas Creech, the longest serving
prisoner on the state’s death row, by lethal injection. On February 28,
2024, the execution team tried eight times to establish an IV line to administer
lethal injection drugs to Mr. Creech,
inserting needles into his hands, feet, and legs, but his veins
collapsed each time. After an hour of attempts to establish
lines, Idaho Department of Corrections (IDOC) officials called
off Mr. Creech’s execution. His attorneys warned IDOC officials that his
age (then 73) and medical conditions, including Type 2 diabetes, hypertension,
and edema, could impact circulation and vein quality. Idaho set another
execution date for November 2024; however, a federal district court
issued a stay of execution to allow for
additional time to consider Mr. Creech’s legal claims.
Ahead of Mr. Creech’s scheduled November 2024 executions, IDOC
undertook renovations to the F Block unit at the Idaho Maximum Security
Institution to create an execution preparation room that cost an estimated
$313,915, according to officials. The
renovations included imaging, design, and engineering outlined in phase
one construction to the unit but did not include phase two construction
costs, including the creation of a secured facility for executions via
firing squad. In committee hearings, lawmakers said the renovations
to build the firing squad chamber would
likely cost more than the $750,000 the legislators initially
earmarked, but Rep. Skaug
indicated any additional funds would come from IDOC’s budget. Reporting
from the Idaho Capital Sun in October 2024 indicates this construction would
cost an estimated $952,589.
These two laws show
exactly how far one state is willing to go to punish the worst crimes against
children.
Idaho has passed two separate laws that
together represent one of the most significant shifts in criminal
justice policy in recent years. The first, HB 37, makes the firing squad the
primary method of execution in the state starting July 1, 2026, replacing lethal
injection as the default. The second, HB 380, expands the death penalty to
include certain severe cases of aggravated lewd conduct against children aged
12 and under, but only when
additional aggravating factors are present. The two bills are separate pieces
of legislation, but when combined they have been widely discussed as Idaho taking the hardest possible
stance on both how executions are carried out and which crimes qualify for the
ultimate punishment.
Supporters of the laws argue that the firing squad is a more
reliable and humane method of execution than lethal injection, which has faced
years of controversy over botched procedures and drug supply issues. They also
argue that expanding the death penalty to the most extreme cases of child abuse
sends a clear message about how seriously the state takes crimes against
children. Critics counter that expanding capital punishment raises serious
constitutional concerns,
particularly in light of past Supreme Court rulings that have limited the death
penalty to cases involving the death of a victim.
The debate has drawn national attention and placed Idaho at the center of a
much larger conversation about justice, punishment, and the role of the state.
Two laws, two debates, and one state that
just redefined how far it is
willing to go in the name of justice.
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