At one stage last year, Mike Huckabee was the leading contender for the Republican nomination for President. According to some polls, he’s neck-and-neck with Sarah Palin for the nomination in 2012 – or was until the repercussions from the Maurice Clemmons cop-killings became public knowledge.
Maurice Clemmons was convicted in 1989 for aggravated robbery, burglary, possession of a firearm, and several other charges. A year later he was convicted of similar crimes. The sentences he received came to a total of 108 years. His file crossed Mike Huckabee’s desk in 2000, while Huckabee was governor of Arkansas. Huckabee commuted Clemmons’ sentence to a length which made him eligible for parole. Huckabee cited the defendant’s youth, but an additional factor may have been a letter from Clemmons claiming to have reformed.
This was not the first time that a prisoner whose sentence was commuted by Huckabee committed heinous crimes after being paroled. During the 2008 campaign, Huckabee’s actions in bringing about the parole of convicted rapist Wayne Dumond surfaced, providing an embarrassing “Willie Horton” moment for Huckabee. After being paroled, Dumond moved to Missouri, and was later convicted of rape and murder.
A basic tenet of the American justice system is that the accused is innocent until proven guilty – but once an individual is proven guilty, there is an obvious danger to society in letting such individuals loose. In making the decision to free an individual committed of a serious crime, it seems to me that the minimax criterion – making the decision that minimizes the risk of a worst-case scenario taking place, should be paramount. The worst-case scenario of letting a violent criminal out on the streets is that he will commit other violent crimes. It happened once, with Wayne Dumond. It happened a second time, with Maurice Clemmons. Considering the large number of prisoners whose sentences Huckabee commuted, there’s a chance this may happen again.
It is difficult to convict someone of a crime in America – but we believe it is better to have the guilty go free than to send an innocent man to jail. I don’t have a problem with that. However, the minimax principle dictates that it’s a lot better for society to have genuinely reformed individuals serve out their time than to have an individual who falsely claims to have reformed out on the street before his sentence has been fully served. It is tragic that violent crimes such as those perpetrated by Wayne Dumond and Maurice Clemmons seem to be needed to make this point.