Maryland

State Supreme Court

4 Democrats, 3 Republicans

Eighth Amendment Cognate

  • MD. DEC. R. art. 16 (“That sanguinary Laws ought to be avoided as far as it is consistent with the safety of the State; and no Law to inflict cruel and unusual pains and penalties ought to be made in any case, or at any time, hereafter.”).
  • MD. DEC. R. art. 25 (“That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted, by the Courts of Law.”). (seems to distinguish between executive, legislative, and judicial infliction of cruelty) (but in practice, generally the same as US supreme court, worth checking further though).

Protective legislation

  • JUVENILE LIMITS On May 13th 2019, Maryland Governor Larry Hogan approved Senate Bill 774. The bill, which came into effect in October of 2019, disallows the use of solitary confinement except when “the managing official of the facility finds by clear and convincing evidence there is an immediate and/or substantial risk of physical harm to the minor, other inmates or staff, or to the security of the facility.”
  • MD. CODE. ANN., CTS. & JUD. PROC. §§ 5-1001 to -1007 (1998 & Supp. 2001)