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 2006

Use your knowledge about government to answer the BRIEF CONSTRUCTED RESPONSE.

  • What is the difference between “preponderance of evidence” in a civil case and “reasonable doubt” in a criminal case?
  • Should there be different standards of proof? Why or why not?
  • Include details to support your answer.

Write your answer on the lines in your Answer Book.

The following 6 Anchor Papers represent a range of score points and are used in conjunction with the rubrics to assess student responses.

Anchor Paper #1

image of student response

Score for Anchor Paper #1: Rubric Score 1

Annotation: This response is related to the question and shows only minimal knowledge. Fragments of a basic idea are provided (a civil case is just over money, but a criminal case could be over lives); however, this idea is skeletal and incomplete.


Anchor Paper #2

image of student response

Score for Anchor Paper #2: Rubric Score 2

Annotation: This response shows knowledge of the different standards of proof in civil and criminal trials. Basic ideas are given (a civil case…has a majority of evidence; a criminal case…no doubts; different consequences that being declared guilty bring) a little support (civil case the punishment is most likely a payment in money while in a criminal case a person can go to jail or even get a death penalty).


Anchor Paper #3

image of student response

Score for Anchor Paper #3: Rubric Score 2

Annotation: This response shows knowledge of the different standards of proof in civil and criminal cases. Basic ideas are provided (a civil case…if there is enough evidence for the plaintiff to prove their case and win; a criminal case looks at the evidence to see if there is enough doubt that the accused isn't guilty; a criminal case is much more extreme) with a little support (A murderer and a neighbor who built on the property next door by a foot should not face {the} same court proceedings.).


Anchor Paper #4

image of student response

Score for Anchor Paper #4: Rubric Score 3

Annotation: This response shows some understanding of the different standards of proof in civil and criminal cases. Concepts are accurate and supported (in a civil case, there doesn't have to be as much evidence; in a criminal case 'reasonable doubt' means the jury {or judge} has to be almost completely sure). Some evidence of higher order thinking skills is demonstrated through comparing punishments in the two different situations (in a civil case the punishment for being guilty is usually only some money; in a criminal case, the stakes are higher and there needs to be more evidence so innocent people don't go to jail – or even get executed).


Anchor Paper #5

image of student response

Score for Anchor Paper #5: Rubric Score 3

Annotation: This response shows some understanding of the different standards of proof in civil and criminal cases. Accurate concepts are provided (a civil case…determines if the plaintiff or the defendant was right or wrong; a criminal case is when the petit jury is sure that the defendant committed a misdeameanor or a felony beyond a 'reasonable doubt'). Some evidence of higher order thinking skills is demonstrated in cause-and-effect reasoning (if 'reasonable doubt' was the standard of proof in a civil case then the defendant would be most likely to win) and an example (person sues their neighbor for breaking one of their windows) that further clarifies the issue.


Anchor Paper #6

image of student response

Score for Anchor Paper #6: Rubric Score 4

Annotation: This response shows understanding of the different standards of proof in civil and criminal cases. Concepts are accurate and well supported (In a civil case…whichever side has the most convincing evidence to support their opinion wins; In a criminal case, the prosecutor must prove the defendant is guilty; if there is a good possibility that the defendant is innocent, he or she is not convicted). Powerful evidence of higher order thinking skills is demonstrated through a comparison of the punishments associated with each case (A criminal could be given the death penalty, while the defendant in a civil case would have to pay damages) and a recognition of the constitutional principles that are involved. (The Bill of Rights protects the rights of the accused in Amendments 5 and 6.)


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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