Writing for the Court, Justice Nathaniel Clifford held that a sentence of death by firing squad for the crime of first-degree murder did not constitute a “cruel and unusual” punishment under the Eighth Amendment of the Constitution. Clifford began by clarifying that while as a territory, Utah has broad legislative authority to define crimes and their punishments, their power is still limited by the U.S. Constitution. Clifford explained that the Eighth Amendment was intended to prohibit “punishments of torture” and those involving “unnecessary cruelty.” Clifford identified several traditional English common law punishments that would violate this standard, such as being embowelled alive, beheaded, quartered, or burned alive. However, he reasoned that execution by shooting did not fall into this category of atrocities. Clifford pointed to the “custom of war” and military practice, noting that soldiers convicted of capital military offenses were routinely sentenced to be shot, showing that the method was not inherently cruel or unusual. Ultimately, the Court affirmed the judgment against Wilkerson, finding that the punishment was consistent with the law and did not violate the Constitution’s protection against cruel and unusual punishment.