Frank Murphy on the Death Penalty: Mayor, Governor, Justice, Abolitionist

• In Event: Historical Perspectives on Crime and Punishment

Abstract

As a New Deal idealist, Frank Murphy was outspoken in his anti-death penalty views. As a criminal court judge and Mayor of Detroit (1930-1933), Murphy actively participated in legislative debates over instatement of the death penalty in Michigan, a proposal that was finally defeated in a statewide referendum in 1931. His 1927 radio address “Only the Helpless Hang” has aged well as a philosophical case against capital punishment. As the most prominent Roman Catholic politician to support Franklin Roosevelt over Al Smith in the 1932 Democratic presidential primary, Murphy was rewarded as the last Governor-General of the Philippines (1933-1935) and first U.S. High Commissioner to the Philippines (1935-1937). Here he put his philosophy into practice: he commuted all death sentences and received support from fellow lifelong abolitionist, Philippines President Manuel Quezon. As Governor of Michigan (1937-1939), Murphy tried to persuade Roosevelt not to carry out a federal execution on Michigan soil. He also had significant writings on the death penalty from his service as U.S. Attorney General (1939-1940) and U.S. Supreme Court Justice (1940-1949). This article considers Murphy’s death penalty writings in view of his broader progressive political philosophy.

Author

• Andrew Novak, George Mason University