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 4 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 different standards of proof in civil and criminal cases. Accurate concepts are provided (in a criminal case to be declared guilty, it has to be almost a 100% sure; in a civil case the jury or judge only has to be about 50% sure) with support (civil cases usually deal with lawsuits and money; criminal cases which deal with actual laws and jail time). Some evidence of higher order thinking skills is shown through the recognition of an overarching principle of the American justice system (it would let 100 guilty men go rather than have one innocent person go to jail).


Sample Student Response #2

image of student response

Score for Sample Student Response #2: Rubric Score 2

Annotation: This response shows knowledge of the different standards of proof in civil and criminal cases. Basic ideas are given (Preponderance of evidence is not as hard to get as reasonable doubt; in a civil case you can just see that they probably did it, but in a criminal case, they need enough proof to tell you definantly did it), and a key idea is then completed. (If there was just preponderance of evidence for a criminal case, people who are innocent may go to jail.) (Compare to this Level 2 anchor paper.)


Sample Student Response #3

image of student response

Score for Sample Student Response #3: Rubric Score 1

Annotation: This response is related to the question and shows only minimal knowledge. Although fragments of basic ideas are presented (civil is not as serious; you want to know that you are putting the right person behind bars), the ideas are general and incomplete.


Sample Student Response #4

image of student response

Score for Sample Student Response #4: Rubric Score 4

Annotation: This response shows knowledge of the different standards of proof in civil and criminal cases. Concepts are accurate and well supported (will face more severe punishments in the criminal case; To convict someone of a criminal felony you need to have more proof than to convict them of civil wrongdoing; in most civil cases…he must pay a sum of damages; In the criminal cases, he could be facing life in prison or the death penalty). Powerful evidence of higher order thinking skills is demonstrated through an analysis of the consequences in each situation (In a criminal case, if you can't prove that the defendant did it, that's enough to let him go; In a civil case…you just need very little proof that they did it, and the plaintiff could receive a payout) and an example that illuminates the point (OJ Simpson).


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
/share/clg/xml/public_release/government/2006_125_gov06.xml