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State And Federal Info

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.

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.

Shoshone Falls. Photo by Karthik Chinnathambi.
Shoshone Falls. Photo by Karthik Chinnathambi.

Resources

  • Department of Corrections
  • Prosecutors
  • ACLU Idaho
  • Victims’ services

Idaho Execution Totals Since 1976

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News & Developments


Lethal Injection

Dec 19, 2022

Mississippi Executes Thomas Loden, As John Hanson, Gerald Pizzuto Death Warrants Expire

The three final exe­cu­tions sched­uled in 2022 high­light­ed broad­er trends in the year’s exe­cu­tions — the exe­cu­tion of vul­ner­a­ble defen­dants, unavail­abil­i­ty of lethal-injec­tion drugs, and the sched­ul­ing of exe­cu­tions with­out regard for the abil­i­ty to…

Mississippi Executes Thomas Loden, As John Hanson, Gerald Pizzuto Death Warrants Expire

Upcoming Executions

Dec 02, 2022

Saying It Can’t Obtain Lethal-Injection Drugs, Idaho Calls Off December Execution of Gerald Pizzuto

Idaho has called off the sched­uled December 15, 2022 exe­cu­tion of ter­mi­nal­ly death-row pris­on­er Gerald Pizzuto, Jr. (pic­tured), say­ing it has not been able to obtain the drugs it needs to put him to death. Instea…

Saying It Can’t Obtain Lethal-Injection Drugs, Idaho Calls Off December Execution of Gerald Pizzuto

Clemency

Aug 25, 2022

Idaho Supreme Court Rules Governor Has Authority to Reject Clemency Recommendation, Reinstates Death Penalty for Gerald Pizzuto

The Idaho Supreme Court has ruled that the state’s con­sti­tu­tion per­mits a gov­er­nor to reject clemen­cy rec­om­men­da­tions made by the Commission of Pardons and Parole, revers­ing a low­er court’s deci­sion that had blocked the state from…

Idaho Supreme Court Rules Governor Has Authority to Reject Clemency Recommendation, Reinstates Death Penalty for Gerald Pizzuto

Arbitrariness

Jul 18, 2022

NEW SCHOLARSHIP: Idaho Study Shows Statute Fails to Limit Death Penalty to Worst Cases

A new study sug­gests that Idaho’s cap­i­tal pun­ish­ment statute fails to nar­row the use of the death penal­ty to the ​“worst of the worst” crimes, rais­ing ques­tions about its con­sti­tu­tion­al­i­ty. In 

NEW SCHOLARSHIP: Idaho Study Shows Statute Fails to Limit Death Penalty to Worst Cases

Costs

Jun 24, 2022

Idaho Falls Will Pay $11.7 Million to Exoneree Coerced Into False Confession by Threat of the Death Penalty

The city of Idaho Falls, Idaho has agreed to a set­tle­ment of $11.7 mil­lion with an exoneree who spent 20 years in prison for a rape and mur­der he did not com­mit. Christopher Tapp (pic­tured, cen­ter, with St…

Idaho Falls Will Pay $11.7 Million to Exoneree Coerced Into False Confession by Threat of the Death Penalty

Recent Legislative Activity

Mar 30, 2022

Idaho Expands Execution Secrecy After Senate Committee Reconsiders Failed Vote

Idaho Governor Brad Little on March 25, 2022, signed into law an exe­cu­tion secre­cy bill that con­ceals from the pub­lic and the courts infor­ma­tion on the pro­duc­ers and sup­pli­ers of drugs used in exe­cu­tions in the state. Hou…

Idaho Expands Execution Secrecy After Senate Committee Reconsiders Failed Vote

Recent Legislative Activity

Mar 11, 2022

Execution Secrecy Bill Passes in Florida, Fails in Idaho

Bills to increase secre­cy in the con­duct of exe­cu­tions have met dif­fer­ent fates in Florida and Idaho. Florida leg­is­la­tors on March 7, 2022 gave final leg­isla­tive approval to a bill that would con­ceal the identity …

Execution Secrecy Bill Passes in Florida, Fails in Idaho

Clemency

Feb 07, 2022

Idaho Court Rules Governor Lacked Authority to Reject Commutation of Gerald Pizzuto’s Death Sentence

An Idaho tri­al court judge has resen­tenced Gerald Pizzuto, Jr. to life with­out parole, rul­ing that Governor Brad Little lacked legal author­i­ty to reject the state Commission of Pardons and Parole’…

Idaho Court Rules Governor Lacked Authority to Reject Commutation of Gerald Pizzuto’s Death Sentence

Lethal Injection

Jan 21, 2022

Investigative Report: Idaho Records Reveal State’s Efforts to Conceal Ghost Purchase of Execution Drugs and Out-of-State Cash Payment to Pharmacy With Dubious Regulatory History

Idaho prison offi­cials engaged in cloak and dag­ger prac­tices, includ­ing twice send­ing state employ­ees across state lines to make cash pur­chas­es of con­trolled sub­stances intend­ed for exe­cu­tions, active­ly con­ceal­ing the intend­ed use…

Investigative Report: Idaho Records Reveal State’s Efforts to Conceal Ghost Purchase of Execution Drugs and Out-of-State Cash Payment to Pharmacy With Dubious Regulatory History

Innocence

Jan 07, 2022

“Random and Unjust,” ​“Barbaric” and ​“Ineffective”: Editorials Call for End to Death Penalty

As 2021 came to a close, edi­to­r­i­al writ­ers in four death penal­ty states called for leg­isla­tive and exec­u­tive action to end cap­i­tal pun­ish­ment or fur­ther lim­it its use. Editorial boards for the St. Louis Post-Dispatch

“Random and Unjust,” “Barbaric” and “Ineffective”: Editorials Call for End to Death Penalty
View More

View Information by State

Additional Information


  • Death Penalty: Yes
  • Number of Executions Since 1976: 3
  • Number of Executions Before 1976 (may include federal and military executions): 26
  • Current Death Row Population: 8
  • Women on Death Row: 1
  • Number of Innocent People Freed From Death Row: 1
  • Number of Clemencies Granted: 1
  • Date of Reinstatement (following Furman v. Georgia): July 1, 1973
  • First Execution After Reinstatement: 1994
  • Location of Death Row/Executions (Men): Idaho Maximum Security Institution
  • Location of Death Row/Executions (Women): Pocatello Women's Correctional Center
  • Capital: Boise
  • Region: West
  • Population: 1,839,106*
  • Murder Rate (per 100,000 population): 1.96
  • Is Life Without Parole an Option: Yes
  • Can a defendant get death for a felony in which s/he was not responsible for the murder?: Yes
  • Method of Execution: Lethal Injection
  • How is Sentence Determined?: Jury
  • Clemency Process: Governor has clemency power only if State Board so recommends
  • Governor: Brad Little

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