Capital punishment in Idaho

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

When the prosecution seeks the death penalty, the sentence is decided by the jury and must be unanimous.

In case of a hung jury during the penalty phase of the trial, a life sentence is issued, even if a single juror opposed death (there is no retrial).

The power of clemency belongs to the Idaho Commission of Pardons and Parole.

Men on death row are incarcerated in Boise, and women in Pocatello.Lethal injection is the only method of execution authorized by statutes.

First-degree murder can punished with death if it involves any of the following aggaravating factors:

Idaho statutes also provides the death penalty for aggravated kidnapping and perjury causing execution of an innocent person.

Idaho executed 14 men, all by hanging, before its admission to the Union in 1890. Another 12 men were executed, again by hanging, between that time and 1957. Idaho has never executed a woman. There were no executions between 1957 and 1972, when the United States Supreme Court decision Furman v. Georgia struck down all death penalty statutes across the United States and created an effective moratorium on executions.

Idaho passed new statutes on July 7, 1973, and the 1976 case Gregg v. Georgia lifted the moratorium. Firing squad was the state's sole method of execution between that time and the 1978 adoption of lethal injection as a second option. In 2009 the firing squad option was removed, Idaho having never executed an inmate by that method. This left lethal injection as the sole execution method.

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