Idaho

History of the Death Penalty

The death penalty was established in Idaho in 1864, before statehood. Since 1864, Idaho has carried out 29 executions. In 1901, executions were moved to Idaho’s state prison. Prior to that, executions were carried out on a county level, and were often public. Idaho’s last hanging was conducted in 1957.

Timeline

1864 - Idaho establishes the death penalty prior to statehood.

1901 - Idaho executions are moved to Idaho’s state prison. Previously, executions were carried out on a county level and were often public events.

1957 - Idaho carries out the state’s last hanging execution.

1973 - Capital punishment is reinstated in Idaho after the Supreme Court struck down all death penalty statutes across the country in Furman v. Georgia.

1994 - Idaho executes Keith Wells by lethal injection in the state’s first execution in 36 years.

2001 - Charles Fain’s murder conviction is vacated after DNA testing excludes him from the crime. He spent 18 years on death row.

2003 - Governor Dirk Kempthorne signs a bill to shift the responsibility of imposing the death penalty from judges to juries.

2011 - Paul Rhoades is executed by lethal injection in Idaho. This was the first execution in Idaho in 17 years.

2012 - The U.S. Court of Appeals for the Ninth Circuit rules that witnesses should have full viewing-access to executions carried out in Idaho, siding with the Associated Press and other media outlets.

2019 - Idaho runs out of of drugs needed for lethal injection after a shortage prompted by major pharmaceutical companies refusing to sell drugs to states if those drugs will be used in executions.

2022 - Governor Brad Little signs a bill that boosts the veil of secrecy over drugs used for executions in the state. Under this bill, Idaho officials cannot share where and how they acquired drugs used in lethal injection executions.

2023 - Governor Brad Little signs a bill allowing execution by firing squad amidst a nationwide shortage of lethal injection drugs. Under this bill, firing squads will be used if the state cannot obtains the drugs necessary for lethal injections.

2024 - On February 28, 2024, the state of Idaho fails to execute Thomas Creech. After an hour of attempts to establish an IV-line to push the lethal injection drugs, Department of Corrections officials call off the execution.

2024 - In October 2024, Idaho Department of Corrections (IDOC) announces it amended its execution protocol and facilities to enable staff to place a central intravenous line, if necessary, to deliver lethal injection drugs to a prisoner. Renovations to the F Block unit at the Idaho Maximum Security Institution to create an execution preparation room cost an estimated $313,915, according to IDOC public information officer Sanda Kuzeta-Cerimagic.

Notable Cases

Donald Paradis spent 14 years on death row in Idaho before his murder convictions were overturned and he was released from prison. Two murders were committed in Paradis’ home in Washington, but he was not present at the time. When he returned home and found the two bodies, he helped transport them across the state line to Idaho. Although Paradis was acquitted of the murders in Washington, a medical examiner suggested that one of the victims may have been killed in Idaho, and Paradis was tried and convicted there. Paradis’ lawyer had never studied criminal law or tried a case before a jury, and he was working as a police officer at the same time he was representing Paradis. In 2001, Paradis pleaded guilty to moving the bodies after the murder. He was sentenced to 5 years and released on time served.

Notable Exonerations

Charles Fain was convicted of murder in 1983. Several witnesses testified that Fain was living in Oregon at the time of the crime, and that he only returned to Idaho the following month. Fain agreed to provide hair samples to investigators, and an FBI expert testified that the samples matched evidence from the crime scene. New DNA testing methods used in 2001 not only excluded Fain as a suspect, but pointed to two other suspects. Fain’s conviction was vacated, and prosecutors stated that “justice requires the action we have taken today,” indicating that the investigation for the killer would be re-opened.

Milestones in Abolition/Reinstatement

In 1864, the year after Idaho became a territory, the Legislative Assembly of the Territory of Idaho established the death penalty. The first territorial execution occurred the same year.

Capital punishment was reinstated in Idaho on July 7, 1973, after the United States Supreme Court struck down all death penalty statutes across the country in the 1972 Furman v. Georgia decision.

Resources

• Department of Corrections
• Prosecutors
• ACLU Idaho
• Victims’ services
• Idahoans Against the Death Penalty

Idaho Execution Totals Since 1976