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#punishment#prison#don#texas#society#prisons#should#those#cruelty#point

Discussion (111 Comments)Read Original on HackerNews

MichaelNolan•about 2 hours ago
Just out of college I didn’t know what I wanted to do, so I took a job at a prison near Phoenix AZ. It was outdoors, the cells had no AC. In a 10 hour shift in 115 (46c) degree weather I would go through 1.5 gallons (5.6 liters) of water. Every single day at least one inmate would pass out from the heat. At least they got heat for the winter.

Thankfully I left all that behind a long time ago. Though I just checked and they still don’t have AC.

There is a fairly famous quote: “The degree of civilization in a society can be judged by entering its prisons” - Fyodor Dostoevsky

WalterBright•about 2 hours ago
Arizona was thinly populated before A/C.
BugsJustFindMe•about 2 hours ago
This feels like a non sequitur?
cdmckay•about 2 hours ago
I think the point they’re making is that it’s unliveable in Arizona without AC.
SirFatty•36 minutes ago
This feels like an unnecessary observation, even it were true.
throwawayqqq11•about 2 hours ago
Was it a privately owned prison? How much freedom do private prisons have to turn opaque for inspectors?
harpersealtako•32 minutes ago
I'm more curious personally about the legal side here. Setting aside the actual object level issue (I personally support A/C for prisons), it seems to open up a lot of interesting questions to me:

* was it cruel and unusual punishment for Texas prisons to not have A/C before the invention of A/C (obviously not)

* was it cruel and unusual punishment for Texas prisons to not have A/C before A/C became widespread and affordable for regular people? (probably not)

* what is the main reason why this wasn't an issue 50 years ago and is now? Climate change? People being on average more sensitive to heat than they used to be? Better legal recognition of prisoner suffering? Broadening of 8th amendment protections in the court system? Changing public morals, i.e. "evolving standards of decency"? Ubiquity of A/C in ordinary Texans' day to day life? The random chance of this particular case getting sent to this particular judge?

* Is it cruel and unusual punishment for Texas prisons to not have A/C now, when not all non-imprisoned Texans have A/C (and if so, does that imply that A/C is being codified here as basic human right, and is that really constitutionally tenable? How is it possible for a judge to order that something is a constitutional right for prisoners, but an optional private luxury for non prisoners?)

* Is A/C the only option, or might other, cheaper cooling methods be allowed, if the core of the complaint is reducing preventable heat-related injuries and deaths? Hypothetically (not a real proposal obviously), if instead the prison put hotel-style ice machines in every cell, would this solve the issue or is the judge's decision very specifically about A/C?

zamadatix•about 2 hours ago
Director Lumpkin should be criminally responsible for these conditions and deaths he has been indifferent to.
0xDEAFBEAD•about 2 hours ago
"TDCJ has acknowledged that at least 23 people died from heat-related causes in its facilities between 1998 and 2012 — a likely underestimate, Pitman wrote in his order last year. Inmate advocates say at least 10 additional deaths between 2022 and 2025 can be attributed to the high temperatures, including three people whose autopsy reports reference heat as a possible contributing factor."

(from OP)

Meanwhile in Europe tens of thousands are dying: https://econofact.org/factbrief/fact-check-do-tens-of-thousa...

"European A/C regulations have been ruled cruel and unusual punishment by US district judge"

avianlyric•about 2 hours ago
Not entirely sure what European A/C regulations you’re referring to. Europe doesn’t have A/C because historically it’s not been needed, and when you have cities that are hundreds of years old, often filled with buildings that are designed to passively keep cool, it’s a right pain in the arse to retrofit everything.

As a result Europe doesn’t culturally expect A/C every where, and has been slow to adopt it. But obviously climate change is forcing many to reconsider those cultural norms.

0xDEAFBEAD•about 2 hours ago
>...In the Swiss canton of Geneva, installing an air conditioner requires an exceptional permit demonstrating “real need” (such as a doctor’s certificate). During the recent energy crisis, Spain and Italy barred public buildings from cooling below 27°C—hot enough to dull your cognitive powers by 5 percent. In the midst of the current deadly heat wave, my own city of Ghent is officially advising people to “avoid air-conditioners”.

>The resistance is baked into European regulation. In many countries a conventional air conditioner lowers your building’s energy rating. The result is entirely predictable: owners and landlords decline to install units, or rip out the ones they have. Those left without built-in cooling fall back on drafty, inefficient portables that can scarcely make a dent in the temperature. I own one myself—a wheezing box with a fat hose shoved through a rickety fabric covering the window. It is the thermodynamic equivalent of mopping the floor with the tap running, but that’s simply the direction in which Europe’s regulations have nudged me.

https://maartenboudry.substack.com/p/how-europe-became-the-w...

Jtsummers•about 2 hours ago
They're trolling, and doing a poor job of it. Downvote, flag, or ignore. Don't feed them.
anigbrowl•about 2 hours ago
Nobody in Europe is being forbidden access to heat mitigation with force. Spare us this obvious conservative propaganda.
0xDEAFBEAD•about 1 hour ago
We have a situation where about ~1000x as many people are dying in Europe as in Texas prisons. For ideological reasons, people prefer to focus on the Texas prison deaths. I'd call that propaganda.

Imagine a working-class European who needs to work in a building without A/C, and live in an apartment without A/C. The landlord/owners' association/municipality is de facto blocking A/C installation. How, exactly, is the situation so different?

Tens of thousands of Europeans are dying. But at least they are "voluntary" deaths--if you use the word "voluntary" sufficiently creatively.

European prisons aren't so great either. There is little evidence they have more A/C than Texas prisons: https://www.usnews.com/news/world/articles/2026-08-07/heatwa...

Wistar•about 2 hours ago
Such an appropriate-sounding name he has.
boredatoms•about 2 hours ago
The US needs to get over this whole ‘punishment’ view of prison. It either a social-safety quarantine, or a rehabilitation
mrits•about 2 hours ago
It's punishment. Any society that thinks otherwise is going to have to relearn the hard way.
janosik91•about 2 hours ago
No. It's resocialization. > Norway has one of the lowest recidivism rates in the world at 20%. The U.S. has one of the highest: 76.6% https://harvardpolitics.com/recidivism-american-progress/

And as you probably know, prisons in those two countries are not alike.

vidarh•about 1 hour ago
Norway actually used to have prisons modelled built on the so-called Philadelphia model [1] with strict isolation. Unsurprisingly it didn't work very well.

It was also one of the prisons that eventually helped drive public opinion away from US-style prisons as punishment because of how extreme it was (recognised also in a 1/3 reduction in sentences if you served there...). It was closed in 1970, around the time when the Nordic movements towards criminal custody reform started really gaining traction.

[1] https://en.wikipedia.org/wiki/Botsfengselet but the Norwegian page is far more extensive: https://no.wikipedia.org/wiki/Botsfengselet

Glemmlko•about 2 hours ago
No it shouldn't.

It should be the understanding of a society that no human being is just 'bad'. A human being became 'bad' by a definiton of a society due to circumstances like upbringing, environment etc. and a society which failed you.

Prison is the removal of you from society due to impatibility of current values and should help you become 'better'.

Be happy that you had good/avg parents, the mental strength to help yourself, money, luck, body strength, whatever it was which allowed you to comment on HN instead of being in a prison.

mike978•about 1 hour ago
Society as a whole is not wholly responsible. Some people are taught and some are just bad - bad brains, bad choices, bad intents. I've never had to teach a toddler what to do when another child takes their toy. Somethings are just innate. Some can be helped and should be, others cannot. Taking away an individual's responsibility removes dignity and gets in the way of healing. We don't have to give into the fallacy of choosing one or the other - both society and the individual can be responsible for their actions.

But yes, we have been devaluing human life and dignity, or if you prefer the Image of God, across all of society. The conditions of these prisons should not exist even if this is purely punitive, which I do not believe it should be. Victims deserve justice, but criminals deserve the right to pay the price and come out "clean". We should want to make society whole, to bring them back into the fold as full members, but too often we don't want to pay the cost.

WalterBright•about 2 hours ago
> due to circumstances like upbringing, environment etc. and a society which failed you.

It's always someone else's fault.

throwawayqqq11•about 2 hours ago
Well, letting the humanist rehabilitation part aside, there is that social aspect of a sanctioning instance to prisons. Expectations of sanctions do drive human behavior.
0xDEAFBEAD•about 2 hours ago
>no human being is just 'bad'

Meanwhile in this thread, everyone is getting worked up about how evil Texas Christians supposedly are, as though a red flag was waved in front of a bull.

https://slatestarcodex.com/2014/09/30/i-can-tolerate-anythin...

schmookeeg•about 2 hours ago
I don't need a degree in sociology to want the dude who broke into my car removed from society.

If he finds the experience improving, so much the better, but it is not my primary concern.

vidarh•about 1 hour ago
Given that the American prison system is performing as badly as it is, even if you ignore any concern for the prisoners, the US system is immoral even purely on the basis of the harm it does to society through the high reoffending rates.
0xDEAFBEAD•about 1 hour ago
Based on a quick Google, recividism rates don't seem notably high in the US.

https://worldpopulationreview.com/country-rankings/recidivis...

I also think recidivism is too confounded by the prison population to tell us a lot about the quality of the prison itself.

RunSet•about 1 hour ago
Prisoners are in prison as punishment. Not for punishment.

That is a concept that eludes many.

Georgelemental•about 2 hours ago
No, it's social safety quarantine. If you just want to punish someone, there are much cheaper and more effective ways (e.g. caning)
apercu•about 2 hours ago
Being incarcerated and having very little control over every aspect of your life IS punishment. The violence, sexual violence and extreme conditions are not necessary.
xyst•about 1 hour ago
It’s "punishment" if you are broke or not well connected. But otherwise it’s rehab (ie, Ghislaine Maxwell transferred to min security)
sippingabonedry•about 2 hours ago
Prison is punitive by design.

If it was better than the conditions they endured on the outside people would enticed to commit crimes.

Sparkle-san•about 1 hour ago
That is something that presently happens. So instead, let's improve the conditions of both the outside world and prisons.
jimbo456•about 2 hours ago
The only truly endless resource is man's inhumanity to his fellow man.
nh23423fefe•about 1 hour ago
I know. There seem to be an infinite supply of criminals doing crime.
lasky•about 2 hours ago
May we teach our children the only thing that truly matters is how we regard the dignity of people.

I find most successful Americans I meet are so self-obsessed they are left with an incredibly low capacity for empathy for those in lower classes than them. Wild how they think they are so different than Nazis.

0xDEAFBEAD•about 2 hours ago
>incredibly low capacity for empathy for those in lower classes than them

"The European Commission’s headquarters was forced to shut down its air-conditioning system on Friday due to the heat wave.

Staff working at the Berlaymont building received a text at midday, reading: “BERL — URGENT — Due to extreme weather conditions, forced shut down of air cooling system from floor 1 to 7 for the rest of the day.”

The 13-story building is home to Commission President Ursula von der Leyen, her 26 commissioners and about 3,000 staff. Von der Leyen works on the 13th floor, and most of her commissioners’ offices are housed on floors eight or above."

https://www.politico.eu/article/eu-commission-heatwave-hq-fo...

So. 1/3 of the prisons in Texas have A/C. Meanwhile, in Europe, the bottom 7 floors (the ones with the "lower" workers) of the building where freakin Ursula von der Leyen works, get the A/C turned off.

US billionaires are highly overrepresented in philanthropic giving, by the way. The US has about 30% of global billionaires and about 75% of Giving Pledge signatories.

https://en.wikipedia.org/wiki/List_of_countries_by_charitabl...

I think your dehumanizing stereotypes say more about you than anyone else.

QuercusMax•about 3 hours ago
I don't understand why Texas voters support such inhumane conditions. All these "Christians" who support this kind of cruel punishment need to have a "come to Jesus" moment, literally.
dkural•about 2 hours ago
It's because Texas is the OG of human suffering. Texas gave up territory than end slavery: This is why Oklahoma looks so weird (the "panhandle"). After the so-called Missouri compromise, in order to remain a slave-state, Texas gave up that piece of land. Also, Texas declared independence not once, but twice, to remain a slave state. First, from Mexico: "Many Anglo-American settlers were from the southern United States and brought enslaved workers, using legal loopholes like indentured servitude to bypass Mexican restrictions against slavery. They feared Mexico would abolish the practice entirely". And then, famously, of course, fighting to remain independent during the Civil War.
ceroxylon•about 2 hours ago
Your point is valid, but it is worth noting that the panhandle territory was a notoriously inhospitable place to try and exist (for European settlers at least, who called it "no mans land"), so it wasn't like Texas was giving up a gem, none of the surrounding states wanted it.
duplessitous•about 2 hours ago
Texas ceded said land to another state, what they viewed as another nation, such that they could keep the practice of human ownership alive and well. The quality of the land is immaterial to this statement, let alone noteworthy
apercu•about 2 hours ago
Isn’t that part of the llano estacado? The Comanche lived there just fine.
francisofascii•about 2 hours ago
There is so much nuance with this. On the one hand, Texas has hot enough days where it is inhumane/dangerous to not have A/C. But also plenty of days that are hot, but bearable. There are plenty of citizens not in prison that live without AC and make due with fans. HVAC systems are ridiculusly expensive. $1.5 billion is about $10K a person. Too bad they can't just give each prisoner a window unit for $200 a piece.
realo•about 2 hours ago
How much do you think it costs, in total, per prisoner today, per year?

Yeah. A one-shot investment of 10k$ per prisoner to avoid more manslaughter cases is peanuts, really.

kube-system•about 2 hours ago
> $1.5 billion is about $10K a person. Too bad they can't just give each prisoner a window unit for $200 a piece.

The former almost certainly includes other installation part, utility, and labor costs. Even if you could give everyone a $200 window unit, you'd need to deliver, install, upgrade utilities, maintain them, etc.

jknoepfler•about 2 hours ago
Fans have no cooling effect once the ambient temperature exceeds human body temperature, so "making do with fans" is literally making do with nothing.

Those citizens "making do" generally have freedom of movement, free access to cool water, air-conditioned businesses or vehicles, and are not locked down in a concrete facility.

There is a absolutely no nuance to this.

kube-system•about 2 hours ago
> Fans have no cooling effect once the ambient temperature exceeds human body temperature

Sweat is a wet-bulb cooling process which always cools below ambient for any humidity less than 100%.

iAMkenough•about 2 hours ago
These are Nationalist Christians (Nat-C’s), not actual followers of Jesus.
pixl97•about 2 hours ago
"They are hurting the right people". This is 100% their mentality.
shimman•about 2 hours ago
Just because these people don't worship or believe the same things as your sect of christianity does not stop them from believing in the teachings of Christ. They just don't agree with you while holding positions of power.

Prosperity gospel is a real thing too, also the fastest sect of christianity growing in the world.

jst1fthsdys•about 1 hour ago
Just because people don't follow the teachings of Christ doesn't mean they don't believe in the teachings of Christ? Hey, what did Jesus have to say about hypocrites?

> Prosperity gospel is a real thing too, also the fastest sect of christianity growing in the world.

Which goes to show you the state of Christianity today. Pretty sad.

jastanton•about 2 hours ago
But largely supported by people that would call themselves actual Christians FYI, and not even right wing extremist either.
NoMoreNicksLeft•about 2 hours ago
>I don't understand why Texas voters support such inhumane conditions.

I'm in Texas. I'm a little confused as to why you think I should care. For those wrongly convicted, I don't want them to get air-conditioning in prison... and for those correctly convicted, I'm not especially worried about making them more comfortable.

The entire point of punishment is the cruelty. It doesn't really work without it... it's unclear if you're quibbling over the amount of cruelty, or if you think that there exists some sort of cruelty-free punishment that the rest of us just haven't heard of.

v64•about 2 hours ago
The US Constitution has a whole bit about forbidding cruel and unusual punishments.
RiverCrochet•about 2 hours ago
1. Even correct convictions can later be found to be wrong. Death is irreversible and financially restituting someone's death can never benefit one wrongfully killed.

2. Unless death is the sentence, a sentence should not result in death. If you don't closely control and monitor when the state can do something, it increases the risk of misuse of that power by the state.

3. If cruelty and punishment really worked, crime would decrease over time, not increase.

4. The AC can be set to 75. That's not luxury but won't kill anyone with heatstroke.

ericd•about 2 hours ago
And here I was thinking that prisons should be about keeping people who can't operate in society without damaging society away from society. I mean, even better would be to find a way to help them operate in society, but apparently we're not even all at the baseline.
Jtsummers•about 2 hours ago
> For those wrongly convicted, I don't want them to get air-conditioning in prison

What a remarkable thing to write. Even knowing that some innocent people are there, you want them to suffer the risk of death and severe harm from heat.

nullstyle•about 2 hours ago
HN is lousy with psychopaths.
platinumrad•about 2 hours ago
> For those wrongly convicted, I don't want them to get air-conditioning in prison

???

pixl97•about 2 hours ago
The user just posted

"Run from me, I will hurt you and I will enjoy it"

Which is insanely ironic, that's the exact same kind of person he'd throw in jail.

BeetleB•about 2 hours ago
I think he meant they should be freed.
peezd•about 2 hours ago
Comes down to your level of empathy I guess.

I think there's a basic floor for how we should treat other people, regardless of the circumstances. Things like access to food and water, shelter, etc.

I'm going to disagree that the point of prison (as punishment) is cruelty. It absolutely can work without it, but I'll recognize this is nuanced and there are likely those that can't be rehabilitated effectively.

NoMoreNicksLeft•about 2 hours ago
>I'm going to disagree that the point of prison (as punishment) is cruelty. It absolutely can work without it,

This is an absurd claim. How does punishment work without cruelty? Remember, that I allow for people to disagree on the quantity of cruelty (supposing that can be quantified)... so you're proposing cruelty-free punishment. This misses the entire point of what punishment is. Perhaps your reading comprehension is faulty, and you confuse the word with "rehabilitation". I see that alot.

>but I'll recognize this is nuanced and there are likely those that can't be rehabilitated effectively.

Hah! I hadn't even read that sentence yet when I wrote the above! Damn I'm good. Rehabilitation is science fiction. No one has even ever proposed a theory on how or why it's supposed to happen, let alone engineered a method to induce it to occur. On reddit, these conversations are often hilarious, but maybe here on Hackernews it will be glorious. Why do you think you need to do to cause a violent criminal to rehabilitate? If the method is performed diligently, what percentage of violent criminals rehabilitate, and what sort of timeline are we talking? Why do the failures (and let's be honest, there are failures in every manufacturing process) fail? Can these be sorted out beforehand?

But at the end of the day, there is still a big problem. Justice is what society promises to the victims so that they will refrain from revenge; the state must carry out the revenge for them. It does so for several reasons: to discourage eternal feuds, to ensure that the correct culprit is targeted, and to avoid normally nonviolent people from growing accustomed to violence. To satisfy their monkey need for vengeance in the most civilized manner possible. If you fail to satisfy it, then these people are obligated to do it themselves. Rehabilitation alone can't substitute, even if it were possible. For the lesser criminals, incarceration suffices. For those more depraved, we don't want them rehabilitated. It serves no need at all.

sippingabonedry•about 2 hours ago
The one time I observed an ex-con post here, someone quickly doxxed him, the mob declared him evil, and quickly flagged all his posts and comments.

They don't want cruelty, just their livelihoods taken away.

ds_opseeker•about 2 hours ago
> The entire point of punishment is the cruelty

That's a pretty messed up morality. I don't even know where to start on this one.

How do you align this with "to do what is right, to love mercy, and to walk humbly with your God."

Its also messed up ethics.

The purpose of having the government administer punishment for crime is to prevent vendetta. And from the first time this ever came up it came up as the government saying justice should be balanced. "eye for an eye" == "Punishment fits the crime"

NoMoreNicksLeft•about 2 hours ago
>How do you align this with "to do what is right, to love mercy, and to walk humbly with your God."

I'm an atheist. There is no god nor gods. But if I had to have a god, I don't think I'd choose one of the abrahamic ones. There are many to choose from who aren't big on mercy.

>Its also messed up ethics.

I don't accept your ethical framework. It's a system of bullshit rules made up by people who care for me not even a little to put me and my family at a disadvantage against a civilization that doesn't even want to go on living.

>The purpose of having the government administer punishment for crime is to prevent vendetta.

Then you're doing it wrong. It can only prevent vendetta if the victims feel as if they receive justice... if those who do wrong are punished. If you remove the punishment/cruelty from the equation, they will simply do that part themselves. Unless you're hoping to emasculate and disarm them so thoroughly that they have no hope of doing so... but I guess that was the ethics stuff you were talking about above.

iAMkenough•about 2 hours ago
Might as well make every criminal offense a capital punishment, if rehabilitation isn’t the point anymore.

Why even waste your money on for-profit prisons if you want the prisoners to die?

gumby271•about 2 hours ago
This guy doesn't want them to die, he wants them to suffer.
phil21•about 2 hours ago
Rehabilitation has never really been the point of the US prison or even correctional system at all.

The fact you can serve your time, earnestly work on rehabilitating yourself, jump through all the hoops, etc. but still be under the economic death sentence more or less summarizes how people feel about it.

It’s basically NIMBY applied to the justice system. Everyone loves to pretend they want rehabilitation but also wants someone else to do it. This shows up in hiring, apartment leasing, social benefits, etc.

gumby271•about 2 hours ago
> The entire point of punishment is the cruelty

Jesus fucking Christ

dwaltrip•about 2 hours ago
The point of imprisonment is cruelty? Many would disagree. I can think of a few other reasons for it...
throwawaysoxjje•about 2 hours ago
Yikes
Glemmlko•about 2 hours ago
You say this until it hits you.

But hey, you don't seem to be very empathic about your luck in life.

You could have been just the person in prison.

Btw. some religions believe in rebirth, you might become a prisoner.

Some believe in an infinite rebirth of universities, which will lead you to be in a prision in another reallity.

Even on a logically viewpoint it would be better for your 'other lives' to not be cruel to other human beings.

pixl97•about 2 hours ago
All fun and games until is you in the prison.

Maybe start here https://innocenceproject.org/ before you let everyone around here see how much of a sociopath you are.

tristor•about 2 hours ago
As someone in Texas, who also donates large sums of money every year to the Innocence Project, I kind of understand their position even though I think they have written it poorly. I want anyone wrongfully convicted freed and compensated, and I want our justice system to be better at ascertaining guilt rather than using plea deals improperly to imprison people wrongly. I also want our prisons to be places where we take every reasonable action to preserve the lives of the prisoners, including for sure having air-conditioning.

But I also fully understand the point of prison is /punishment/, which is why it's such a severe injustice when someone is punished when they have not committed the crime. Prison is not supposed to be pleasant and comfortable, and we should take every action to preserver prisoner's lives specifically in order to ensure that they can serve their complete sentences, upon the assumption of fair adjudication. Without clear, just, punishment within society, we will revert to vigilantism and chaos.

The core ethical/moral complexity here to me is not about treatment of prisoners, its about how people become prisoners in the first place in the state of Texas. In Texas we have a long history of racist practices in policing, in the courts, and the use of coercive plea deal structures that have resulted in many people being wrongfully convicted. As long as that situation stands, it would be clearer to argue that nobody should be imprisoned at all, but that's also not a reasonable argument. As long people are being imprisoned, we should ensure they are rightfully convicted and understand that prison is a punishment, and that we should preserve prisoner's lives and health so that they can experience whatever just punishment has been meted out by society for the harm they have caused through their choices and actions.