Several states have never had capital punishment, the first being Michigan, which abolished it shortly after entering the Union. (However, the United States government executed Tony Chebatoris at the Federal Correctional Institution in Milan, Michigan in 1938.) Article 4, Section 46 of Michigan's fourth Constitution (ratified in 1963; effective in 1964) prohibits any law providing for the penalty of death. Attempts to change the provision have failed. In 2004, a constitutional amendment proposed to allow capital punishment in some circumstances failed to make it on the November ballot after a resolution failed in the legislature and a public initiative failed to gather enough signatures.

In what year was Tony Chebatoris killed?