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Why is it illegal to make prisoners like the ones at guantanamo UNCOMFORTABLE, while the inmates in county jail in Texas are

San Antonio, TX |

sometimes 24 men to a cell, and they have full view and smell of each defacation. I would think this is a health hazard, and that it would be inhumane treatment and traumatizing. If you think this posting is a joke, I assure you there is nothing funny about it. It is real and this is a real question. How can the jail system get away with this. ? It must go on constantly with this many people using the same toilet. My boyfriend is in a jail like this. I feel like vomiting just thinking of it.

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Attorney answers 3


It is an issue of jurisdiction. The prisoners at G were prisoners of war not civil prisoners incarcerated under Texas Criminal Codes. Prison justice in Texas is governed by state law and sometimes federal law. The grievance procedure is different in state prison and often has to be p/u by federal court to make the claim of cruel and unusual punishment under the federal constitution. State standards are different than G but much of the litigation over conditions at G was about "torture" not dehumanizing living spaces. I think u r talking about this ironic situation in a political sense and not so much from a legal perspective. Good luck to ur boyfriend in Bexar County.


I disagree with my colleague's answer. Prison overcrowding may not be the same as torture but it does constitute cruel and unusual punishment that has caused many prisons here in CA to be taken over and administered by federal trustees. G did not imprison POW's as most of these people were not seized in the Iraq war but in Bush's war on terrorism which is not really a war at all but an excuse for tyranny. Prison overcrowding is something you should fight as unconstitutional in the country I live in.


In fact, the US prison system in many places may be in violation of international law. However, international standards are generally not admissable in US courts. Most of the civilized world including almost all of Europe including Russia has given up the death penalty too but the US along with China, Saudi Arabia and Iran are big proponents of it.

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