School Improvement in Maryland
Public Release Item Scoring Information Return

Goal 1 Political Systems

Expectation 1.2 The student will evaluate how the United States government has maintained a balance between protecting rights and maintaining order.

Indicator 1.2.5 The student will analyze elements, proceedings, and decisions related to criminal and civil law.

Assessment Limits:

  • Compare and contrast the elements, proceedings and decisions of civil and criminal law.
  • Civil law: plaintiff, defendant, contract, breach of contract, torts (lawsuits involving negligence), damages, preponderance of evidence, petit jury, and out-of-court settlements.
  • Criminal law: defendant, prosecutor, reasonable doubt, felony, misdemeanor, grand jury, indictment, probable cause, presumption of innocence, plea bargaining, writ of habeas corpus, and subpoena.

Brief Constructed Response (BCR) Item - Released in 2002

In many criminal cases, the prosecutor and defense attorney engage in plea bargaining before a trial begins. Often, the prosecutor will reduce the charges if the accused agrees to plead guilty.

  • What advantages does each side gain from this type of agreement?
  • Include details and examples to support your answer.

Write your answer on the lines in your Answer Book.

The following 3 Sample Student Responses represent a range of score points.

Sample Student Response #1

image of student response

Score for Sample Student Response #1: Rubric Score 3

Annotation: This response shows some understanding of the benefits of plea bargaining. Accurate concepts (both sides save a lot of money; the accused receives a less severe punishment) are supported. Some evidence of higher order thinking skills is provided through appropriate application of analysis and evaluation (going to court costs a lot of money because the lawyers have to be paid; the punishment will be much easier to handle; the accused confirms that the prosecutor was in the right) and cause-and-effect reasoning (plea bargains save both sides a lot of money because they don't have to spend it all by paying a lawyer for court time).


Sample Student Response #2

image of student response

Score for Sample Student Response #2: Rubric Score 1

Annotation: This response is related to the question and shows only minimal knowledge. Fragments of basic ideas are presented (the defendant gains less time; the prosecutor gets something), but the ideas are general and incomplete. Compare to Anchor Paper #2.
Sample Student Response #3

image of student response

Score for Sample Student Response #3: Rubric Score 2

Annotation: This response shows knowledge of the benefits of plea bargaining. Basic ideas (the government doesn't have to spend money and time on a public trial; the accused usually gets a shorter sentence) are provided with a little support (the government doesn't have to pay attorneys or the jury). Compare to Anchor Paper #3.

Additional Resources

Anchor Papers used in scoring

Brief Constructed Response (BCR) Rubric
Print: Scoring Rubric (pdf)
Score 4

This response shows understanding of the content, question, and/or problem. The response is insightful, integrates knowledge, and demonstrates powerful application.

  • The application shows powerful evidence of higher order thinking skills.
  • Concepts are accurate and well supported.
  • There are no misconceptions.
  • The response is comprehensive.
Score 3

This response shows some understanding of the content, question, and/or problem. The response includes appropriate application that demonstrates evidence of higher order thinking skills.

  • The application shows some evidence of higher order thinking skills.
  • Concepts are accurate and supported.
  • There are no interfering misconceptions.
  • The response may not develop all parts equally.
Score 2

This response shows knowledge of the content, question, and/or problem. The response is acceptable with some key ideas. The response shows little or no evidence of application.

  • The response includes some basic ideas.
  • The response provides little or no support.
  • There are minimal misconceptions.
Score 1

This response shows minimal knowledge of the content, question, and/or problem. The response is related to the question, but it is inadequate.

  • The response includes incomplete or fragmented ideas or knowledge.
  • There may be significant misconceptions.
Score 0

The response is completely incorrect or irrelevant. There may be no response.

Knowledge and Understanding indicate the degree to which the response reflects a grasp of the content, question, and/or problem presented in the stimulus. The response indicates mastery that progresses from knowledge to understanding.

Last Revised June 2001
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