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Diane Dimond

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Cruel and Unusual Prisoner Punishment

Posted: 08/28/2012 10:31 pm


~Thousands of prisoners are being held in inhumane conditions nationwide ~

If you are reading this anywhere in America you know firsthand that this summer has been a record-breaking sizzler. We could be living through the hottest summer season ever.

Think about what you've done to keep cool. You've turned on your air conditioner or (if you don't have one) maybe you've gone to the movies to cool off. You probably drink lots of ice cold beverages or jump into a swimming pool or cool shower. Perhaps, like my friend Lester, you drench a kitchen towel, twist it into a U-shape and plop it in the freezer to hang around your neck when working outside.

Well, imagine you couldn't do any of those things.

Imagine you were isolated in a 10 foot by 12 foot space with no windows to open up to catch a cooling breeze. You had no fan, no relief and no escape.

That's what countless prisoners in America have had to endure this long, hot summer. In the past their situation has proved deadly.

In Texas, a lawsuit was filed after ten inmates died from heat-related causes last summer. All were held in cell blocks without air-conditioning. The suit, filed by the Texas Civil Rights Project, focuses on what was called the "wrongful death" of inmate Larry McCollum.

Even though the federal courts have ruled that temperatures over 90 degrees violate the constitutional rights of an inmate, the Hutchins State jail in Dallas where McCollum died of heat stroke registered an indoor heat index of almost 130 degrees. After he collapsed last July and was taken to the hospital doctors found McCollum's body temperature still registered over 109 degrees! The autopsy on the 58 year old prisoner listed his cause of death as living "in a hot environment without air conditioning." One unnamed Texas corrections official was quoted saying about his prisoners, "I'm supposed to be watching them, I'm not supposed to be boiling them in their cells."

It's not just Texas where inmates are suffering and, in my opinion, being subjected to cruel and unusual punishment. In sunny Florida only ten of the 140 state-run prisons have air conditioning. But in those facilities with air the cool sections are limited to just a few sections. It is somehow ironic that in a state where they have prison classes to teach inmates how to install and maintain air conditioners there aren't any in the vast majority of their oppressively hot cell blocks.

In Chicago, this summer's life-threatening heat is the worst they've seen in more than a century. In the lock-ups that do have air conditioners the units are reported to be breaking down from almost constant use. Add to that an outbreak of bedbugs within the system this year and both inmates and prison personnel are left to face a duel threat -- unsanitary conditions and heat exhaustion. The union representing prison guards says the situation has created a condition of, "Extreme fatigue and dangerous conditions... a recipe for disaster." It's a reminder that it is not just prisoners who are affected by the extreme heat it's also prison personnel. (At a prison near Rosharon, Texas earlier this summer a 56 year old corrections official fainted and the hospital ruled it was from heat exhaustion.)

In Iowa, cooling systems have kept many of the 8,300 inmates comfortable this scorching summer but taken together the Mount Pleasant and Clarinda Correctional Facilities and the Anamosa State Prison has close to 1,900 inmates who have no air conditioning at all. In the prison at Mitchellville where another 547 inmates live there is no cool air in any of the older sections of the complex.

Imagine having to endure this summer trapped in a small, confined, almost airless space. We have strict laws against leaving a child or an animal in a hot, enclosed car. Put aside for a moment the crime committed that caused the prisoner to be incarcerated and ask yourself: Shouldn't we also care about human beings confined in stifling, life-threatening conditions? Of course we should.

Officials in states across the nation say there simply isn't enough money in their budgets to retrofit all prisons with central air conditioning. So for now, they combat the threat of possible death-by-heat by catering, first, to those inmates with health problems (like diabetes and high blood pressure) and, second, to those locked up in the hottest sections of the prison. Electric fans, ice and water are being handed out to prisoners across the nation much more frequently than in years gone by.

I couldn't find a reported death of an inmate from heat-exhaustion so far this summer. But, that doesn't mean some prisoners aren't still being held in inhumane conditions. Who is out there taking the temperature inside every prison and making sure it doesn't go over the court mandated ninety degrees? Nobody, that's who.

Look, I understand there are some people who think that once a criminal is convicted they should lose all their constitutional rights. In other words, if life is tough on the inside, so be it. But it's never been the American tradition to treat our own people worse than we would treat an animal. If climate change means every summer will be increasingly brutal we better figure out a way to fix this or there could be a flood of wrongful death suits to pay.

Diane Dimond can be reached through her web site: www.DianeDimond.net or at Diane@DianeDimond.net

 
 
 

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07:27 PM on 09/09/2012
I spent 4 1/2 years at Clarinda. The conditions Dianne describes are not true. There is air ventalation in every cell. There is electrical outlets for every bunk in every cell. Personal fans are available on commissary. The minimum camp has a box fan provided for every room. Inmates will cry when they don't get their way. RACISM!!! UNFAIR!!! CRUEL!!! When journalists write about something they don't research....they shouldn't be writting at all. Taxpayer money pays for A/C. Clarinda/Anamosa has cable tv, you want to give out any other privledges? They don't deserve it. I know I didn't. #6542490
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smcguire
Work is the curse of the drinking classes.
11:32 PM on 09/02/2012
prison reform comes down to very basic questions, ones we dare not ask for fear of the answers.

Our current system is unbalanced. The Scales of Justice are as fundamental in political science as the Simple Machines in physical science. We must ask if the punishment fits the crime. Is it in our best interests to make people worse after prison? we allow prisoners to gain physical courage in the weight yard but don't show physical strength's importance in moral courage? why are we pissing away their time and ours?
(don't get me wrong i'm in favor of the death penalty where it is merited; i believe some crimes can only be tried in the higher court of Divine Justice, to which we hasten the shuffling of their mortal coils)

you will note the complete lack of any discussion on the prison system in the upcoming debates, tho abortion will be mentioned a few thousand times
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PrettyBaBy
Just let me live my life!
09:31 AM on 09/01/2012
I don't care about the inmate's constitutional rights. They didn't consider the victim's rights when they perpetrated their crimes against them. Give them a hand fan and a bottle of water. Even that is too good for most of them.
01:40 PM on 08/29/2012
Diane, I don't have to imagine not having the lifestyle I have in the summer because I follow the rules set by society that keeps me out of prison. The fact that they get 3 meals a day, cable television, and gym equipment is more than many "free" citizens have. As a child, I remember punishments that included going to bed without dinner, no television, and revoked phone use. $60,000/year per inmate? Too much. More than most teachers make. They should've flown straight. I've never been to prison, but I've got a pretty good idea that it's a place that sucks .... sucks enough to motivate me not to commit crimes.
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ok3apples
It's all interesting
02:47 AM on 08/30/2012
The punishment is being taken out of society for a marked period of time. The goal used to be to reform damaged lives and send productive people back into society. Now, because of the kow towing to sentiments like yours that demand eternal punishment for people (and you don't know what these people are in jail for and you don't know if they are even guilty of the crimes they've been convicted of) and no humanity shown prisons have become warehouses of festering lives where nothing is offered except brutality and then they are one day kicked to the curb and expected to function normally. I'm not proud frankly that my country bends so low and is without any form of humanity.
Bellla
Trans & Proud
08:51 AM on 08/29/2012
The american gulag is sucking our freedoms away. We now incarcerate a larger percentage of our own population than even China! This inhuman, unjust and corrupt system has no respect for human life and poisons everything touched by it. Am I surprised that prisoners are being confined in 130 degree cells and are dying of heatstroke? Sadly no.
However I am strongly of the opinion that Every Prisoner who dies in custody from being confined in deadly conditions should be a manslaughter charge against the wardens of those prisons responsible. They were supposed to be Jails, not Deathcamps! A warden is responsible for the lives of the prisoners in his custody, and if those people die because conditions within areuntenable for human life, He, the warden responsible has killed them and should be charged with their wanton deaths.
But the private for profit prison industry is largely a republican baby and we know for a fact that they care little for anyone's life (post birth that is) but their own.
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Marcus01
It all just seems like it's real
08:41 AM on 08/29/2012
Crime pays. It pays the private prison companies. It pays the legislators who keep putting more and more crimes on the books in exchange for bribes, er, campaign contributions, from the prison companies who need their prisons to be filled to turn a profit. Way over half the federal crime statutes have been written since 1970. More crimes with harsh penalties have been created in the last forty years of our country than the first two hundred. That is the corruption inherent in a for-profit prison system.

Those of you who look upon criminals with disdain should think twice, because at the rate things are going we'll all be criminals pretty soon. You could very easily be breaking laws you don't even know exist.

"The more corrupt the state, the more laws." - Tacitus, Roman senator and historian
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Dan Stewart
08:16 AM on 08/29/2012
The US has the highest per capita incarcerat­­­­­ion rate in the world – almost eight times that of any Western nation and higher than any national police state.

In addition, the US has the world’s largest prison population – with less than a quarter of China’s population­­, the US has almost twice as many prisoners­­­­.

Ironically­­­­­, nowhere on Earth is a person more likely to go to prison, and stay there longer, than in the Land of the Free! 
 
Either the US is a nation of criminals or there's something drasticall­­­­­y wrong with its criminal justice system.
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realitytrumpsbull
Two 'alves of coconut!
01:15 AM on 08/29/2012
Well...not to be callous, but don't we generally associate things like icy beverages and swimming pool romps and so forth with the Good Life, which presumably you're able to enjoy, as a non-convicted-felon-person? Unfortunately, there's a reason that some people are sweating it out in the Big House, one being that they did something blatantly, even violently criminal, in the past. Now, what constitutes cruel, and unusual punishment, and doesn't the estimated 50k/yr/prisoner being spent currently nationwide, cover things like central air? I think that the first place you start, is with an audit. If there's money being embezzled or just plain thrown away, that's where you're going to find it. Past that, it's the governor's office to ensure competency and due responsibility the inmates placed in the state's care. But, beyond the 3 hots and a cot that the taxpaying public is required to provide convicts, there's still that blunt and ugly fact of the causal factors that led to the person being put in the prison cell in the first place. The ACLU can scream their head off, or they can put their heads together, and figure out ways to hopefully improve the situation instead of just exacerbate it with media attention. If convicts were being brutalized, forced to fight, pitted against each other, or employed indirectly by the prison system to go out into the community and commit various forms of criminal activity, that would be one thing...
Bellla
Trans & Proud
08:55 AM on 08/29/2012
Yeah but they weren't sentenced to be baked to death, they were sentenced to a period of incarceration that they should expect to survive!
No. This is wrong, very very wrong.
There should be manslaughter charges against any warden who allows those he has in custody to die of heatstroke, the warden is responsible for them and is expected to at least keep them alive if not comfortable.
But then the "party of personal responsibility" is hardly full of "responsible" men!
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txmarylin
09:37 PM on 08/30/2012
i know it may sound alittle far fetched, but it would be a solution: lets start building our prisons underground! we certainly have the manpower available for the job. and those guys would probably be willing to dig! the current situation is pretty insane not only inhuman, which is what we accused them of being when we put them in jail!
08:56 AM on 09/02/2012
Air conditioning is not a constitutional right. If it were, every elderly American would have it. Thousands of Correction Officers walk into a non-airconditioned prison everyday. They do it in full uniform, with a vest etc. I feel absolutely no sympathy for the CONVICTS that have put themselves there. The reason the US has so many incarcerated is there is no such thing as an "appeal' process in countries like China. So a convict won't sit on death row for over 20 years, the execution is immediate thereby reducing the amount of persons maintained in incarceration. you also need to review recidivism rates. The same grown men return year after year for committing the exact same crimes, by their own admission and choice. And lastly you cannot ever have even been on the inside of a prison if you don't know that there is ice and water and FANS, the same thing offered to the non-incarcerated elderly across America during a heat wave.
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Ryvle
12:00 AM on 08/29/2012
State budget crisis is real and serious. States should focus on schools, safety, the poor and infrastructure. If you believe in this cause, start a charity instead of demanding more tax payer funds. Also, summer time seems like a great time to run those Scared Straight camps for at risk youth.
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10:54 PM on 08/28/2012
The most noble impulse of man is compassion for another life.
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straightuptalker
What ever happened to common sense?
06:04 AM on 08/29/2012
The most noble impulse of man is compassion for another life.

Obviously, many of those behind bars had no compassion for their victims and committed crimes against them, even taking their lives, not to mention heinous crimes involving children. No compassion here for violent criminals, they get what they deserve, and the punishment should fit the crime. However, since our prisons have been privatized, they've gotta make a profit, and providing air-conditioning to convicts is the last amenity they want to spend their profits on.
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06:40 AM on 08/29/2012
Right, many had no compassion for their victims.  Many though are not in for violent crimes and I would not execute or torture someone for sealing.  As for murderers,  I would not hesitate pushing the button on them.