<\/a>The criminal justice system is, by the admission of many liberal politicians, in desperate need of change. Prisons are overcrowded as a result of mass incarceration; minimum sentencing policies can put people behind bars for years over a small mistake; and the racialized enforcement of laws has led to contemptible disparities in the way people of different backgrounds are treated.<\/p>\n And while those are critical concerns, there\u2019s one really important issue we\u2019re not talking about: clemency<\/strong>.<\/p>\n Clemency<\/a> is a public official\u2019s ability to pardon or moderate a prisoner\u2019s punishment; it is wielded either by the governor (for state offenses) or the president (for federal offenses) and can either reduce, end, or forgive a criminal sentence. Legal scholars widely consider clemency to be an important check on the judicial system, as it corrects mistakes made in the conviction process, can assert a prisoner\u2019s innocence, allows for the retroactive application of policies which remedy previous unjust or too harsh laws, and can amend flaws in the sentencing process when prisoners receive punishments disproportionate to the offense.<\/p>\n As a result of the politicization of clemency proceedings and the ever-popular \u201ctough on crime\u201d stance, however, the use of the gubernatorial clemency power– especially in the state of Missouri under Jay Nixon– is becoming less and less frequent. Essentially, governors are now overly worried about the fallout that could result if any one of the inmates for whom they elect to use their clemency power recidivate, and the press uses the opportunity to drag the governor\u2019s name through the mud with accusations that the pardon allowed said person to commit their crime.<\/p>\n As a result, governors hesitate to use their powers of clemency, particularly during times of political difficulty for them or if they\u2019re in the midst of a re-election campaign. That means that more and more appeals for justice– frequently from people who have exhausted their appeals process, may not have adequate legal representation. Or, legal pleas from people who were convicted as a result of policies or stigmas that have changed drastically today such that their trial result would likely differ if retried– go unread and unanswered.<\/p>\n Consider this: Jay Nixon has granted clemency only some 15 times during his two terms (2008-2016) while Pat Quinn of \u00a0Illinois granted over 1,752 clemency pardons<\/a> while in office from 2009-2015. Quinn also denied 2,000 clemency requests, which is important to note because that means he read and responded to <\/em>over 3,700 clemency requests… versus the MO inmates languishing in limbo because they haven\u2019t received any <\/em>word on their petitions.<\/p>\n