Spotlight on Utah’s Death Penalty

The capital charges filed against Tyler Robinson, the man accused of killing conservative political activist Charlie Kirk on September 10th, have drawn new attention to Utah’s death penalty. Although Utah was among the first states to reinstate the death penalty after it was invalidated by the U.S. Supreme Court in 1972, and the first to perform an execution in the modern era, executions have been rare over the last 50 years. Just eight people have been executed in Utah since 1977. In 2024, the state executed Taberon Honie, ending a 14-year hiatus in executions. Utah juries have sentenced 26 people to death in the modern era but have not done so since 2008.

Mr. Kirk’s high-profile murder resulted in Utah officials declaring they would seek the death penalty even before Mr. Robinson was arrested; capital charges were filed on September 16. The decision to capitally prosecute Mr. Robinson has significant implications – in terms of the required time, money, and resources. Reuters noted the high cost of death penalty cases in Utah. “Utah’s 2017 study of the death penalty also found pursuing the death penalty adds an average $1.5 million in costs for the state, over the usual cost of cases seeking a life sentence,” in line with data from other states. Death penalty cases are also longer and more resource intensive, requiring months of preparation and investigation before proceeding to trial.

In 2022, two Republican legislators proposed legislation to end Utah’s death penalty. The legislation garnered support from victims’ families, business leaders, and a bipartisan coalition of Utah prosecutors. One of those prosecutors, Utah County Attorney David O. Leavitt, had pledged not to seek death sentenced during his tenure, saying, “What I have witnessed and experienced since deciding to seek the death penalty is that regardless of the crime, seeking the death penalty does NOT promote our safety.” The Wall Street Journal wrote at the time that Mr. Leavitt’s decision was part of “a growing movement of conservatives across the country pushing for an end to capital punishment.” The bill to repeal and replace Utah’s death penalty ultimately failed in committee on a 6 – 5 vote.

As reported by Reuters and USA Today, prosecutors’ decision to seek a death sentence is only the first step in Mr. Robinson’s case. The trial will likely not take place for several years, and a death sentence can only be imposed if all 12 jurors unanimously agree it is the appropriate punishment. Even if a death sentence is imposed, there are both mandatory and discretionary appeals, which can take 20 years or more. As DPI’s Executive Director, Robin Maher, told USA Today, “a lot is still unknown.”

Source: Death Penalty Information Center, Staff, September 18, 2025

"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde

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