Firing squad is under fire

Utah's Sentencing Commission will formally recommend the state Legislature repeal the firing squad method of execution and declare lethal injection the state's sole means of carrying out capital punishment.

The commission voted unanimously for the recommendation Wednesday after an hourlong discussion on how other states mete out the death penalty.

After the vote, Rep. Sheryl Allen, R-Bountiful, said she will sponsor a repeal bill during the 2004 legislative session.

"I already have a bill file open," Allen said, adding that she will ask state attorneys to prepare draft legislation and then bring it back to the commission's September meeting for its input.

Any change in law is ultimately up to the Legislature. Allen tried in 1996 to run a similar bill, but failed to even get a hearing.

"Leadership wasn't supportive," she said.

There was unquestionable support from the 27-member commission. Use of the firing squad has brought negative and unnecessary attention to Utah, commissioners said. And the dramatic nature of the event tends to shift the focus away from avenging crimes against the victim and instead shines light on the offender and the method by which he or she will die.

"We're making Jesse James out of these people — let's do away with the firing squad," said Sevier County Sheriff Phil Barney, who is also the president of the Utah Sheriff's Association.

"It is disheartening to see the various media accounts and spins put on (executions) that totally ignore the victim," added Mike Sibbet, chairman of Utah's Board of Pardons and Parole. "When you are talking about the firing squad, the whole emphasis is shifted as to the method, not as to why the person is being executed in the first place. I think it would be a solid move for the Utah criminal justice system to refocus on the victim."

To fuel their conversation, commissioners used a brief review of federal and state statutes compiled by Sentencing Commission staff.

According to that data, capital punishment is law in 38 of the 50 states and also is part of federal law. Lethal injection is the primary method used by the federal government and in 37 states.

Utah is the only state that uses a firing squad, although both Idaho and Oklahoma retain it as an option if other methods are not viable.