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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


Arbitrariness

Aug 12, 2019

Death-Penalty News and Developments for the Week of August 12 – 18: Tennessee Executes Stephen West

NEWS — August 15: Tennessee has exe­cut­ed Stephen Michael West after Governor Bill Lee denied his peti­tion for clemen­cy. West was the eleventh per­son exe­cut­ed in the United States in 2019 and the sec­ond in Tennessee.…

Death-Penalty News and Developments for the Week of August 12 – 18: Tennessee Executes Stephen West

Mar 28, 2019

Judges in Idaho, Nebraska Order States to Release Execution-Related Records

Judges in Idaho and Nebraska have ordered prison offi­cials to release exe­cu­tion-relat­ed records the states had sought to keep secret. Finding that the Idaho Department of Correction (IDOC) act­ed friv­o­lous­ly and in…

Judges in Idaho, Nebraska Order States to Release Execution-Related Records

Feb 05, 2019

Execution Records Trial Reveals False Statements, Questionable Practices by Idaho Officials

Idaho offi­cials delib­er­ate­ly mis­led the pub­lic about the costs and appli­ca­tion of the state’s death penal­ty and prison offi­cials’ ques­tion­able efforts at obtain­ing exe­cu­tion drugs, accord­ing to evi­dence pre­sent­ed in week-long cour…

Execution Records Trial Reveals False Statements, Questionable Practices by Idaho Officials

Lethal Injection

May 25, 2018

Courts in Indiana and Idaho Grapple With Challenges to Execution Secrecy

Courts in Idaho and Indiana are grap­pling with how to respond to legal chal­lenges to lethal-injec­tion secre­cy laws after cor­rec­tions offi­cials in both states refused to release exe­cu­tion infor­ma­tion request­ed unde…

Courts in Indiana and Idaho Grapple With Challenges to Execution Secrecy

Costs

Jan 11, 2018

Idaho County Considers Leaving State Defense Fund As Way to Deter Capital Prosecutions

To deter future use of the death penal­ty in their coun­ty, the Blaine County, Idaho County Commissioners on January 2 vot­ed to con­sid­er with­draw­ing from the state’s Capital Crimes Defense Fund as a way to…

Idaho County Considers Leaving State Defense Fund As Way to Deter Capital Prosecutions

Mental Illness

Feb 03, 2017

At Least Seven States Introduce Legislation Banning Death Penalty for People with Severe Mental Illness

Bills to exempt indi­vid­u­als with severe men­tal ill­ness from fac­ing the death penal­ty are expect­ed in at least sev­en states in 2017. Legislators in Idaho, Indiana, North Carolina, Ohio

At Least Seven States Introduce Legislation Banning Death Penalty for People with Severe Mental Illness

Lethal Injection

Oct 23, 2015

Arizona, Texas Attempted to Import Illegal Lethal Injection Drugs Linked to Indian Supplier with Troubling History

Arizona and Texas attempt­ed to import lethal injec­tion drugs in vio­la­tion of fed­er­al law, but the ship­ments were halt­ed by U.S. Food and Drug Administration offi­cials in late July, accord­ing to reports by 

Arizona, Texas Attempted to Import Illegal Lethal Injection Drugs Linked to Indian Supplier with Troubling History

Costs

Mar 19, 2014

COSTS: Idaho Study Finds Death Penalty Cases Are Rare, Lengthy, & Costly

A new, but lim­it­ed, study of the costs of the death penal­ty in Idaho found that cap­i­tal cas­es are more cost­ly and take much more time to resolve than non-cap­i­tal cas­es. One mea­sure of death-penal­ty costs was reflect­ed in the time …

COSTS: Idaho Study Finds Death Penalty Cases Are Rare, Lengthy, & Costly

Race

Jul 03, 2012

EXECUTIONS: The U.S. in Mid-Year 2012

In the first half of 2012, eight states car­ried out 23 exe­cu­tions. In the same peri­od last year, there were 25 exe­cu­tions in 9 states. The annu­al num­ber of exe­cu­tions has declined sig­nif­i­cant­ly from its peak in 1999, when 98 peo­ple were executed. …

EXECUTIONS: The U.S. in Mid-Year 2012

Executions Overview

Jun 11, 2012

Court Requires Greater Public Access for Viewing Executions

On June 8, the U.S. Court of Appeals for the Ninth Circuit ruled that wit­ness­es should have full view­ing-access to exe­cu­tions car­ried out in Idaho, sid­ing with the Associated Press and oth­er media out­lets. Seventeen news …

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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: 9
  • 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: 1,587,582
  • Murder Rate (per 100,000 population): 1.9
  • 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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