The Legacy of Wallace Wilkerson and His Execution by Firing Squad

• In Event: Capital Punishment: Execution Methods, Youthful Offenders, and Consequences

Abstract

Wallace Wilkerson was convicted of murder in 1877 in territorial Utah. Pursuant to law then in effect, he was sentenced to death by firing squad. In Wilkerson v. Utah, 99 U.S. 130 (1878), one of the first capital punishment cases decided by the United States Supreme Court, the justices unanimously rejected the argument that Wilkerson’s execution by firing squad would represent cruel and unusual punishment in violation of the 8th Amendment to the United States Constitution. This paper draws on historical records to present the fascinating facts that gave rise to this landmark Supreme Court decision. It describes Wilkerson’s crime, his execution at the hands of Utah marksmen—which was badly botched—and then discusses the continuing significance of Wilkerson’s case to contemporary issues surrounding methods of execution, the meaning of the 8th Amendment, and death-penalty laws and policies.

Authors

• James Acker, University at Albany, SUNY

• Ryan Champagne, University at Albany, SUNY