Michigan Becomes a Pioneer in Justice Reform
On May 4, 1846, Michigan did something no other English-speaking government had ever done—it outlawed the death penalty for all crimes except treason. It was a bold and groundbreaking decision, marking a major step toward criminal justice reform not just in the U.S., but around the world.
This move made Michigan the first state in the United States to legally reject capital punishment for most crimes, signaling a shift toward more humane and rehabilitative approaches to justice. Though the law wouldn’t take effect until March 1, 1847, the decision itself made waves—and it still echoes through criminal justice discussions today.
The Last Execution and What Led to Reform
The story really begins well before 1846. The last execution under Michigan law took place on September 24, 1830—seven years before Michigan even became a state. Stephen Gifford Simmons, a tavern keeper, was convicted of murdering his wife in a drunken rage. Despite an unusually long jury selection, his trial lasted just one day. The three judges presiding over his case also made up the territory’s supreme court, so an appeal was essentially impossible.
When it came time to carry out the sentence, even the sheriff—Thomas Knapp—resigned rather than be responsible for Simmons’ death. That public hanging, held in downtown Detroit near Farmer Street and Gratiot Avenue, left a lasting impression on the community.
Meanwhile, across the border in Ontario, Canada, a troubling execution added to public outcry. In 1828, Patrick Fitzpatrick was hanged for a rape he didn’t commit—another man confessed to the crime in 1835, on his deathbed. Stories like these sparked more than just outrage; they planted the seeds for real change.
A Decade of Reflection and a Push for Reform
By 1831, even Governor Lewis Cass of the Michigan Territory recognized the shifting tide. He told the legislative council, “The period is probably not far distant, when it will be universally acknowledged, that all the just objects of human laws may be fully answered without the infliction of capital punishment.” Wise words—and prophetic.
Once Michigan gained statehood in 1837, the legislature began taking steps toward a more nuanced justice system. They revised the law to distinguish between first- and second-degree murder, limiting capital punishment to only the most severe crimes.
The final push came in 1846, led by Senator Flavius Littlejohn of Allegan and Representative Austin Blair of Jackson—who would later become governor. Their legislation changed the penalty for first-degree murder from execution to life in prison without parole.
A National and Global Precedent
Though treason remained the one exception, Michigan has never carried out an execution since becoming a state. The 1846 decision wasn’t just forward-thinking—it was visionary. It laid the foundation for Michigan’s continued leadership in humane justice. In fact, during the 1962 constitutional convention, attorney Eugene Wanger and a bipartisan group of delegates solidified that legacy by including an explicit constitutional ban on capital punishment. To this day, Michigan remains the only U.S. state with a constitutional prohibition on the death penalty.
The Legacy Lives On
What began as a response to a few haunting cases became a cornerstone of Michigan’s identity. On May 4, we remember how a small but brave state made history—and how its stand against capital punishment continues to shape discussions about justice, fairness, and the value of human life.
