Deaths on January 17

Gary Gilmore, American murderer (b. 1940)

Gary Mark Gilmore: A Landmark Execution and Its Legal Legacy

Gary Mark Gilmore, born Faye Robert Coffman on December 4, 1940, and executed on January 17, 1977, was an American criminal whose final days ignited an international debate surrounding capital punishment and individual rights. He achieved unprecedented notoriety for actively demanding the swift implementation of his death sentence for two murders he confessed to committing in Utah, thereby rejecting all available legal avenues for appeal.

The Crimes and the Demand for Death

Gilmore's criminal history was extensive, marked by various offenses including robbery and assault, leading to a significant portion of his life spent incarcerated. Upon his release from federal prison in April 1976, he moved to Utah and quickly resumed a life of crime. In July 1976, within a single two-day period, Gilmore committed two separate murders: the fatal shooting of motel manager Ben Bushnell on July 19, and the murder of gas station attendant Max Jensen on July 20, both during robberies. Following his arrest, Gilmore confessed to these heinous acts. What set his case apart was his resolute decision to forgo any appeals against his conviction and death sentence, despite widespread efforts by the American Civil Liberties Union (ACLU), his legal team, and even his family, who sought to challenge the legality of his execution.

The Pivotal Legal Context: Furman v. Georgia and Gregg v. Georgia

Gilmore's case unfolded during a critical juncture in the history of capital punishment in the United States. For nearly a decade prior to his execution, the death penalty had been effectively suspended nationwide due to a landmark Supreme Court decision:

• Furman v. Georgia (1972): This ruling found that the arbitrary and capricious application of existing death penalty statutes constituted "cruel and unusual punishment," thereby violating the Eighth and Fourteenth Amendments of the U.S. Constitution. The Supreme Court did not declare the death penalty inherently unconstitutional but rather invalidated the manner in which it was being applied. As a direct consequence of this decision, all states were ordered to commute existing death sentences to life imprisonment, leading to a de facto moratorium on executions across the nation.

However, the legal landscape shifted dramatically in 1976 with another pivotal Supreme Court ruling:

• Gregg v. Georgia (1976): In this significant decision, the Supreme Court upheld newly revised death penalty statutes enacted by several states, which aimed to address the constitutional deficiencies identified in Furman. These new statutes provided clearer guidelines for sentencing, requiring bifurcated trials (a separate phase for determining guilt and a separate phase for sentencing) and mandating consideration of aggravating and mitigating circumstances. By establishing more consistent and less arbitrary standards, Gregg v. Georgia effectively reinstated the legality of capital punishment in the United States.

It was in the immediate aftermath of this reinstatement that Gary Gilmore's case came to the fore. His demand to be executed directly challenged the lingering legal uncertainties and societal debates surrounding the death penalty's reintroduction.

The Execution and Its Unprecedented Nature

On January 17, 1977, Gary Mark Gilmore was executed by a firing squad at the Utah State Prison in Draper, Utah. This event marked him as the first person to be executed in the United States in nearly ten years, following the end of the moratorium imposed by Furman v. Georgia. His unwavering resolve to accept his fate, despite numerous legal challenges filed on his behalf, made his execution a singular and highly controversial moment in American legal history. Utah was one of the few states that allowed execution by firing squad, and Gilmore himself chose this method over hanging, which was also an option at the time.

Cultural Impact and Legacy

Gilmore's life and his final, dramatic act captivated the public imagination and left a significant cultural imprint. His story was immortalized in the 1979 nonfiction novel, "The Executioner's Song," by acclaimed author Norman Mailer. The book, a meticulously researched account that delved into Gilmore's life, his crimes, and the legal and personal struggles leading up to his execution, was awarded the Pulitzer Prize for Fiction in 1980. Its success led to a 1982 television film adaptation, also titled "The Executioner's Song," starring Tommy Lee Jones as Gilmore, a role for which Jones received an Emmy Award nomination. The narrative explored complex themes of free will, justice, and the morality of the death penalty, ensuring Gary Gilmore's name remained synonymous with the contentious history of capital punishment in America.

Frequently Asked Questions About Gary Mark Gilmore

Who was Gary Mark Gilmore?

Gary Mark Gilmore was an American criminal who gained international attention for demanding that his death sentence be carried out for two murders he committed in Utah in 1976. He was the first person executed in the United States after the Supreme Court reinstated the death penalty.

When was Gary Mark Gilmore executed and by what method?

Gary Mark Gilmore was executed on January 17, 1977, by a firing squad at the Utah State Prison in Draper, Utah. He specifically chose this method of execution, which was legal in Utah at the time.

What was the significance of Gilmore's execution in the context of U.S. law?

Gilmore's execution was highly significant because it was the first in nearly a decade, occurring shortly after the U.S. Supreme Court's 1976 Gregg v. Georgia decision reinstated the death penalty. His case tested the practical implications of this legal shift and reignited public debate over capital punishment.

How did the Supreme Court cases of Furman v. Georgia and Gregg v. Georgia impact Gilmore's situation?

Furman v. Georgia (1972) had effectively halted executions by finding existing death penalty statutes unconstitutional due to arbitrary application. However, Gregg v. Georgia (1976) upheld new, revised statutes that aimed to prevent arbitrary sentencing, thereby reinstating the death penalty and making Gilmore's execution legally possible.

What literary work is associated with Gary Mark Gilmore?

Gary Mark Gilmore's life and execution were famously chronicled in Norman Mailer's 1979 nonfiction novel, "The Executioner's Song," which won the Pulitzer Prize for Fiction. The book was later adapted into a television film starring Tommy Lee Jones.