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 1.2.4 The student will evaluate the principle of due process.

Assessment Limits:

  • Fifth Amendment due process clause.
  • Fourteenth Amendment due process clause.
  • Procedural due process and the incorporation doctrine under the Fourteenth Amendment.
  • Information about due process cases will be provided in the item.

Extended Constructed Response (ECR) Item - Released in 2008

Read the excerpt below and use it to complete the EXTENDED CONSTRUCTED RESPONSE that follows.

“No person… shall be… deprived of life, liberty, or property, without due process of law…”

—United States Constitution,
Fifth Amendment

  • Describe ways in which the due process clause of the Fifth Amendment protects the rights of those accused of a crime.
  • Explain how the Supreme Court’s decision in Miranda v. Arizona strengthened the rights of the accused.
  • Compare the advantages and disadvantages of strengthening the rights of the accused.
  • Include details and examples to support your answer.

Write your answer on the lines in your Answer Book.

The following 7 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 shows minimal knowledge. A few general, unsupported fragments of ideas are provided (fair trial; criminal may have a little too much freedom).


Anchor Paper #2

image of student response

Score for Anchor Paper #2: Rubric Score 1

Annotation: This response shows minimal knowledge. The student provides a few acceptable, but fragmented, ideas (the right to be read their rights; made it a law that suspects had to be read their rights; accused can’t say they didn’t know what their rights were).


Anchor Paper #3

image of student response

Score for Anchor Paper #3: Rubric Score 2

Annotation: This response shows knowledge of due process. Basic ideas are provided (right to not incriminate his/herself; they have to be read to you; show that we are equal; suspect may be guilty but it can’t be proven). A key idea is then completed (they will get out of jail and could possibly do another crime).


Anchor Paper #4

image of student response

Score for Anchor Paper #4: Rubric Score 2

Annotation: This response shows knowledge of due process. The student provides a number of basic ideas (right to not selfincriminate; getting a illegal confession that was later found unuseable; once they are told their right if they confess to a crime the{y} can be held to that in court; if the police mess-up…it will be unuseable in court and they can get off for a crime they did commit).


Anchor Paper #5

image of student response
image of student response

Score for Anchor Paper #5: Rubric Score 3

Annotation: This response shows some understanding of the functioning of due process rights in our court system. Accurate, supported concepts are provided (ensuring equal protection under the law; every accused person has the right to a trial and a defense; acused have gained the right to know their rights…ensuring fairness and equality). Some evidence of higher order thinking is shown in the analysis of the disadvantages (accused have more of a chance to hide or coverup evidence; the legal knowledge to be noncooperative with officers) and advantages (right of the accused to act in their defense; protects against the overpowering of the government) and in the recognition that the protection of the freedom of the citizens is “the sole reason for the adoption of the Bill of Rights.”


Anchor Paper #6

image of student response
image of student response

Score for Anchor Paper #6: Rubric Score 3

Annotation: This response shows some understanding of due process rights. Concepts are accurate and supported (convicting and incarserating a criminal is a lengthy and complicated process; accused…informed of their rights). Some evidence of higher order thinking is demonstrated through weighing and balancing the advantages and disadvantages of strengthening the rights of the accused (very difficult to wrongly convict someone; discourages people of wrongly accusing each other; if a criminal is clever enough, he can evade the system; criminals remain on the street…because it is so difficult to convict; lawyers and judges can use loopholes…regardless of whether the client is guilty or innocent).


Anchor Paper #7

image of student response
image of student response

Score for Anchor Paper #7: Rubric Score 4

Annotation: This response shows understanding of due process rights. Interwoven throughout are accurate, well supported concepts. Powerful evidence of higher order thinking is demonstrated in the thorough and insightful analysis of due process rights and their manifestation in our court system. The examination of how the strengthening of due process affects different perspectives (for the accused…protects presumption of innocence; if you are the law enforcer… makes it harder to bring the criminal to justice) shows extended analysis of the government principles involved.


Extended Constructed Response (ECR) 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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