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Robert M. Gwilliam Group case study on Elroy Tillman.

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Presentation on theme: "Robert M. Gwilliam Group case study on Elroy Tillman."— Presentation transcript:

1 Robert M. Gwilliam Group case study on Elroy Tillman

2 Capital punishment is legal in Utah. Since 1850. A total of at least 50 individuals have been executed in Utah. A total of 9 people are under a sentence of death in the state as of June 20, 2010. The current method is lethal injection. Aggravated murder is the only crime subject to the penalty of death under Utah law. Utah was the first state to resume executions after capital punishment was reinstated in the United States in 1976, when Gary Gilmore was executed by a firing squad on January 17, 1977. Gilmore, however, demanded his own execution, that is after being convicted of murder and sentenced to death. Capital Punishment

3 Aggravated Murder (not verbatim) The murder was especially heinous, atrocious, cruel or depraved (or involved torture). The murder was committed incident to a hijacking The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense. The defendant committed or attempted to commit more than one murder at the same time. The murder was committed by means of poison or a lethal substance. The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value. The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value. The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime. The capital offense was committed to interfere with the lawful exercise of any government function or the enforcement of the laws. The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony. The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment. The actor was under a sentence of life imprisonment or a sentence of death at the time of the homicide. The victim is or has been a local, state, or federal public official, or a candidate for public office, and the homicide is based on, is caused by, or is related to that official position, act, capacity, or candidacy. The murder was committed against a person held as a shield, as a hostage, or for ransom The murder was committed against a witness in a criminal proceeding to prevent the witness from appearing, or for revenge. The homicide was 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, in a manner demonstrating the actor’s depravity of mind. The homicide was committed incident to the abuse or desecration of a dead body. The murder was committed by means of any weapon of mass destruction. UCA 76-5-202. Aggravated murder.

4 The jury decides the sentence and may give a sentence of death, life imprisonment without parole for sentencing on or after April 27, 1992 or life imprisonment without parole for twenty years or more. Clemency rests with the State of Utah Board of Pardons and Parole and the Governor of Utah sits on the board, which makes Utah one of a handful states where the Governor has no sole power to grant clemency. As of 2008 no commutation of the death sentence has been given in Utah. As in any other state, people who are under 18 at the time of commission of the capital crime or mentally retarded are constitutionally precluded from being executed. Process

5 Executions in Utah are currently performed at the Utah State Prison in Draper by lethal injection. The firing squad was also available for three death row inmates who chose it prior to that option's elimination in 2004. Current Method

6 Before a national moratorium on capital punishment (1967–1976) and the introduction of lethal injection in 1980,Utah historically allowed death row inmates to choose between firing squad and hanging, the only state to do so up until that time. Prior to becoming a state, the Territory of Utah introduced beheading in 1851 as a third option of execution in accordance with the Mormon concept of blood atonement at the time. No prisoner chose this method and it fell out of practice in 1888. Before the establishment of Utah Territory on September 9, 1850, the garroting of an Ute native named Patsowits in the spring of that year was the first recorded execution in the provisional State of Deseret. In 1955, Utah lawmakers voted to introduce the electric chair, but due to failure to provide appropriation, the state never used electrocution. Previous Methods

7 Garroting

8 USP Firing Chamber Chair

9 USP Execution Chamber

10 1878: The U.S. Supreme Court rules in Wilkerson v. Utah that the firing squad is a legitimate method of applying the death penalty. It holds that other methods-- drawing and quartering, disemboweling, beheading, public dissection, and burning alive--do constitute cruel and unusual punishment. June 29, 1972: The Supreme Court rules 5-4 in Furman v. Georgia that the imposition of the death penalty in the cases involved constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. The ruling effectively voids 40 death penalty statutes and suspends the death penalty. July 2, 1976: The Supreme Court rules 7-2 In Gregg v. Georgia that the punishment of death does not violate the Eighth and Fourteenth Amendments under all circumstances as long as it is carried out in a careful and judicious manner. The case effectively legalizes capital punishment. Federal Case Law

11 Wallace Wilkerson (1834 – May 16, 1879)was an American stockman who was sentenced to death by the Territory of Utah for the murder of William Baxter. Wilkerson professed his innocence, but chose to die by firing squad over hanging or decapitation. The execution was botched; Wilkerson took up to 27 minutes to die because the firing squad missed his heart. His case, Wilkerson v. Utah, was heard by the Supreme Court of the United States and continues to be cited in present day case law involving cruel and unusual punishment. Wallace Wilkerson (Federal Case Law out of Utah)

12 Utah was the first state to resume executions after capital punishment was reinstated in the United States in 1976, when Gary Gilmore was executed by a firing squad on January 17, 1977. Ronnie Lee Gardner became the third person in the modern era to be executed by firing squad in 2010. Utah is the only state to have executed inmates by firing squad in the modern era. 21-year-old Barton Kay Kirkham was the last prisoner to be hanged by the state of Utah, in 1958.No subsequent inmate had been executed in the state in this manner by February 1980, when the Utah State Legislature replaced the option of hanging with lethal injection. Eight hours after 36-year-old murderer John Albert Taylor died by firing squad on January 26, 1996, the first bill proposing to eliminate this method of execution was introduced in the Utah House of Representatives. In 2004, the legislature passed HB180, which removed the right of the condemned to choose their method of execution, and left lethal injection as the only remaining option in the state. The abolition of the firing squad is not retroactive; three inmates on death row at Utah State Prison who chose this method of execution before the end of February 2004 will have their selections grandfathered in. Utah's latest execution, that of 49-year-old Ronnie Lee Gardner, was the country's 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. 44 executions occurred in the State of Utah and Utah Territory before the national moratorium in 1967;six were by hanging and the rest were by firing squad. Other interesting facts

13 State/Rank 2010 Population Cumulative Executions: 1976- August 2, 2011 Executions per Capita (x10,000) 19. Utah2,763,88570.025 Rank Since 1976

14 Executions After 1976 # NameDate of executionMethod of execution 1 Gary GilmoreJanuary 17, 1977firing squad 2 Pierre Dale SelbyAugust 28, 1987lethal injection 3 Arthur BishopJune 10, 1988lethal injection 4 William AndrewsJuly 30, 1992lethal injection 5 John Albert TaylorJanuary 27, 1996firing squad 6 Joseph Mitchell ParsonsOctober 15, 1999lethal injection 7 Ronnie Lee GardnerJune 18, 2010firing squad

15 #NameDate of executionMethod of execution *PatsowitsSpring 1850garroting 1212 Antelope and Long Hair September 15, 1854hanging 3Thomas H. FergusonOctober 28, 1858hanging 4William CockcroftSeptember 21, 1861firing squad –"Unknown Man"1862firing squad 5Jason R. LuceJanuary 12, 1864firing squad 6Robert SuttonOctober 10, 1866firing squad 7Chauncy W. MillardJanuary 29, 1869firing squad Executions Before 1972

16 8John Doyle LeeMarch 23, 1877firing squad 9Wallace WilkersonMay 16, 1879firing squad (botched) 10 Frederick Hopt (a.k.a. Fred Welcome) August 11, 1887firing squad 11Enoch DavisSeptember 14, 1894firing squad 12Charles H. ThiedeAugust 7, 1896hanging 13Pat CoughlinDecember 15, 1896firing squad 14Peter MortensenNovember 20, 1903firing squad Executions Before 1972 Continued

17 15Frank RoseApril 22, 1904firing squad 16J. J. MorrisApril 30, 1912hanging 17 Jules C. E. Szirmay (a.k.a. Jules Zirmay) May 22, 1912firing squad 18Harry ThorneSeptember 26, 1912firing squad 19Thomas RileyOctober 24, 1912firing squad 20Frank RomeoFebruary 20, 1913firing squad 21Joe HillNovember 19, 1915firing squad Executions Before 1972 Continued

18 22Howard DeWeeseMay 24, 1918firing squad 23John BorichJanuary 20, 1919firing squad 24Steve MaslichJanuary 20, 1922firing squad 25Nick OblizaloJune 9, 1922firing squad 26George H. GardnerAugust 31, 1923firing squad 27Omer R. WoodsJanuary 18, 1924firing squad 28 Henry C. Hett (a.k.a. George Allen) February 20, 1925firing squad Executions Before 1972 Continued

19 29Pedro CanoMay 19, 1925firing squad 30Ralph W. SeyboldtJanuary 15, 1926firing squad 31Edward McGowanFebruary 5, 1926firing squad 32Delbert GreenJuly 10, 1936firing squad 33John W. DeeringOctober 31, 1938firing squad 34Donald Lawton ConditJuly 30, 1942firing squad 35Robert Walter AveryFebruary 5, 1943firing squad Executions Before 1972 Continued

20 36Austin Cox Jr.June 19, 1944firing squad 37James Joseph RoedlJuly 13, 1945firing squad 38Eliseo J. Mares Jr.September 10, 1951firing squad 39Ray Dempsey GardnerSeptember 29, 1951firing squad 40Don Jesse NealJuly 1, 1955firing squad 41 42 Verne Alfred Braasch andMelvin Leroy Sullivan May 11, 1956firing squad 43Barton Kay KirkhamJune 7, 1958hanging (last in Utah) 44James W. RodgersMarch 30, 1960 firing squad (last in Utah before 1967) Executions Before 1972 Continued

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