It’s no secret that the death penalty is one of the most divisive issues in the country. Some states, such as California, have gone back and forth on abolishing the death penalty, only to reinstate it later and then issue a moratorium to effectively ban it without changing the law.
Washington State used a loophole to eliminate the death penalty from the law. In 2023, Chief Justice Steven Gonzalez of the Washington State Supreme Court used a legal maneuver to include the death penalty in a list of other unconstitutional laws presented to the legislature.
The governing body was unable to pass a bill through both chambers to end the practice, so the Chief Justice did it for them with Senate Bill 5087, which included the death penalty as part of a package of laws the Court deemed “defects and omissions” in the Revised Code of Washington (RCW). Gov. Inslee signed the bill, effectively eliminating the punishment from the law.
Washington State’s Eastern Neighbor Is Doubling Down on the Death Penalty
When the nationwide shortage of lethal injection drugs became apparent, many states that used the death penalty sought to ensure that those on death row could still be executed. Idaho became the fifth state to add the use of a firing squad to its execution options when it passed legislation in 2023.
The Gem State is now looking to use firing squads as the primary method of execution. House Bill 37 is awaiting action in the full Senate chamber after passing out of committee and through the House. It would make Idaho the only state where the firing squad is the primary method of execution. It’s also worth noting the implications for an Idaho case on the national stage.
Could Accused Idaho Students Killer Brian Kohberger Face The Firing Squad?
Idaho currently has nine inmates on death row. If HB 37 passes the Senate and is signed into law by Gov. Brad Little, Brian Kohberger’s chances of facing the firing squad increase significantly. Surprisingly, some argue that firing squads are more humane and less expensive than lethal injections.
Since 2000, fourteen ‘botched’ executions by lethal injection have occurred. With a shortage of the drugs required for executions, the cost has risen, with states paying six figures to obtain the drugs. The cost of building the firing squad chamber is estimated to be more than $1 million, but the cost of bullets is significantly less than that of lethal injection drugs.
