{"id":377376,"date":"2016-03-31T21:37:24","date_gmt":"2016-04-01T02:37:24","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/wyoming-law\/wyoming-capital-punishment-laws.html"},"modified":"2024-12-12T19:41:29","modified_gmt":"2024-12-13T00:41:29","slug":"wyoming-capital-punishment-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/wyoming-law\/wyoming-capital-punishment-laws.html","title":{"rendered":"Wyoming Capital Punishment Laws"},"content":{"rendered":"\n
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Wyoming Capital Punishment Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Controversy over the death penalty is strong in this nation. States are split on the issue. Some states wholeheartedly enforce capital punishment<\/a>, while others have abolished it. Capital punishment has a controversial history in the U.S. Each state has passed its own laws on the sentence.<\/p>\r\n

In the state of Wyoming, the state’s death penalty<\/a> laws permit capital punishment for the most serious crimes. But the debate continues, particularly on the potential risk of executing innocent people.<\/p>\r\n

Historic Background<\/b><\/h2>\r\n

Capital punishment has a long and varied history in the United States. Wyoming is no exception. The state’s use of the death penalty<\/a> began in its early territorial days, with executions initially carried out by hanging. Over time, Wyoming’s approach to capital punishment has evolved. In recent decades, the state has seen intense debates, including efforts led by the Wyoming legislature and the state senate to address and potentially repeal the death penalty. Notably, legal battles involving high-profile cases, such as the execution of Mark Hopkinson<\/a>, have further shaped the state’s capital punishment policies.<\/p>\r\n

The American Civil Liberties Union<\/a> (ACLU) has also advocated for changes to the death penalty laws. Also, rulings by the Supreme Court have affected how the death penalty is applied in Wyoming, leading to reforms and renewed scrutiny of capital cases.<\/p>\r\n

Wyoming’s Capital Punishment Method<\/b><\/h2>\r\n

Wyoming uses lethal injection for its executions. But problems with the supply of lethal injection drugs have caused Wyoming lawmakers to consider a backup method, a firing squad.<\/p>\r\n

In 2015, neighboring state Utah adopted firing squad as its backup method. Wyoming, the nation’s least-populous state, has no one on death row. It has executed only one person since 1976 (Hopkinson), according to the Death Penalty Information Center<\/a>. The Wyoming House voted in 2015 to make a firing squad the new alternative method of execution. But it added the stipulation that inmates be unconscious before they get shot. Some critics are questioning why the measure is even necessary since Wyoming’s death row is empty.<\/p>\r\n

Wyoming Laws: Chart<\/b><\/h2>\r\n

The basics of capital punishment laws in Wyoming are in the table below.<\/p>\r\n\r\n
Code section<\/th>\r\nWyo. Stat. \u00a7 <\/b>6-2-101, et seq. <\/a>

Wyo. Stat. \u00a7 7-13-901, et seq.<\/a><\/p>\r\n<\/a><\/td>\r\n<\/tr>

Is capital punishment allowed?<\/th>\r\n

Yes<\/p>\r\n<\/td>\r\n<\/tr>

Effect of defendant’s incapacity

 <\/p>\r\n<\/th>\r\n

Suspend sentence if mentally incapacitated or pregnant<\/p>\r\n<\/td>\r\n<\/tr>

Minimum age<\/th>\r\n

16<\/p>\r\n<\/td>\r\n<\/tr>

Available for crimes other than homicide?<\/th>\r\n

No<\/p>\r\n<\/td>\r\n<\/tr>

Method of execution<\/th>\r\n

Lethal injection or lethal gas if injection ruled unconstitutional<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are constantly changing \u2014 <\/i>contact a Wyoming criminal attorney<\/i><\/a> or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Legal Process<\/b><\/h2>\r\n

In Wyoming, when a defendant gets convicted of first-degree murder<\/a>, the prosecution may seek a death sentence. This leads to a separate sentencing phase where attorneys argue for and against capital punishment. If the defendant gets the death penalty, the case is subject to rigorous judicial review, including automatic appeals to higher courts. Capital cases undergo this extensive review to address potential errors and ensure the fairness of the process.<\/p>\r\n

Resentencing may happen in cases where the death sentence gets overturned. Also, if there is a legislative move to repeal the death penalty, the legal framework would adapt accordingly. The public defender’s office<\/a> plays a crucial role in representing defendants throughout these proceedings, particularly in the state’s capital, Cheyenne.<\/p>\r\n

Related Resources<\/b><\/h2>\r\n