The state of Utah has announced it will seek the death penalty against Tyler Robinson, the 22-year-old accused of assassinating conservative activist Charlie Kirk during a public appearance at Utah Valley University.
Why the Death Penalty Is on the Table
Robinson faces an aggravated murder charge, with prosecutors pointing to three aggravating factors: the attack endangered others in the crowd, it deliberately targeted Kirk for his political speech, and it was carried out knowing children were present. Should a jury convict Robinson, his defense team will be allowed to present mitigating factors, such as mental health struggles or childhood trauma, to argue for a lesser punishment.
In the United States, death sentences are decided by juries, usually during a separate penalty phase after a guilty verdict. Jurors must reach unanimity in most states. Florida requires only eight of 12 jurors to agree, while Alabama allows 10 of 12.
Utah’s History with Capital Punishment
Since the U.S. Supreme Court reinstated the death penalty in 1976, Utah has executed seven people—far fewer than states like Texas, which has carried out nearly 600. Utah currently has one of the smallest death row populations in the country, with just eight inmates.
The state is also one of only two in the nation, along with South Carolina, to have used a firing squad since 1976. While lethal injection remains the primary method, Utah law permits firing squads if injection becomes unconstitutional or impractical. Convicts sentenced before May 2004 even retain the option to choose.
Public Opinion Shifting
Support for executions in the U.S. has been waning for decades, with a 2024 Gallup poll showing approval hovering around 53%—the lowest in half a century. Younger Americans, particularly those under 43, are more likely to oppose it. Utah, however, has traditionally shown stronger backing than the national average, though support there is also slipping among younger residents.
Fewer Death Sentences Nationwide
The death penalty is increasingly rare. Only 26 new death sentences were issued nationwide last year, compared to more than 300 annually in the mid-1990s. Juries are less inclined to impose executions, prosecutors are more hesitant to pursue them, and lengthy appeals often drain resources and prolong closure for victims’ families.
A Utah state study found that pursuing a death penalty case adds an average of $1.5 million in costs compared to seeking life imprisonment, prompting many families to support plea deals instead.
The Robinson case, given its political overtones and the prominence of the victim, is likely to become a high-profile test of both Utah’s capital punishment system and the shifting national mood toward the ultimate penalty.
