Why Doesn't Michigan Have the Death Penalty?
Michigan was the first English-speaking government in the world to abolish the death penalty for ordinary crimes, back in 1846 — and it's the only U.S. state with a constitutional ban.
Michigan’s death-penalty story has two layers: state law and federal law. Keeping them separate clears up most of the confusion.
Michigan lawmakers approved replacing death with life in prison for first-degree murder in 1846. The change took effect March 1, 1847. The State Bar of Michigan identifies that as the first time a government in the English-speaking world outlawed capital punishment for murder and lesser crimes. The last execution under Michigan law had taken place in 1830, while Michigan was still a territory.
Delegates to the 1961-62 constitutional convention then put the rule into the 1963 state constitution. Article IV, section 46 is unusually direct: “No law shall be enacted providing for the penalty of death.” The State Bar identifies Michigan as the only U.S. state whose constitution bans the death penalty.
There is one important footnote. The Federal Bureau of Prisons records the 1938 hanging of Anthony Chebatoris at the federal prison in Milan. That was a federal execution under federal law, not an execution under Michigan law.
This is a history explainer, not legal advice. Federal criminal law is separate, and current law should always be checked in the official code and constitution.
Where to see it
Article IV, section 46 of Michigan's constitution says it in one sentence: no state law may provide for the penalty of death.
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Sources
Last reviewed against the listed sources: July 14, 2026.