FINALPAPER WRITTEN FEEDBACK GRADING RUBRIC
COURSE: Broward College
CJL1100 CRIMINAL LAW ONLINE
ASSIGNMENT: Final Paper
Category and criteria Comments
Total
points
possible
Total
points
earned
Substance of the Response – Student
Sufficiently Covered all of the Parts of the
Paper Required in the Syllabus
40
Introduction:
• Introduce the case:
• Describe the defendant and his history and
who he/she was/is.
• Describe the victim(s) and their relationship
with the defendant.
• Go into detail as to the facts of the case.
• Identify the witnesses and the evidence
involved in this case.
• Identify the jurisdiction of the court.
• Explain if there was a motion for change of
“venue” and explain what that means and if
it was granted or not. Explain why a
defendant would want such a change of
“venue” generally and specifically in this
case.
Identify the Specific Charges against the
Defendant:
• Address the legal charges by finding the
exact charge.
• Identify if there were federal or state
charges and cite the statute.
• Identify the exact statutes involved and list
the elements that the prosecutor must
prove for a conviction;
• Identify the “lessor included” offenses that
the jury could convict the defendant upon.
• Explain what the difference is between
felony and a misdemeanor criminal charge is
and identify if the charges are a felony or
misdemeanor and the fines/penalties
involved.
• State if the criminal charge a choate or
inchoate crime? Explain both of these terms
in your paper.
• Was the crime charged a crime against a
person or property? Explain the difference in
your paper generally.
• What is the standard of proof the
prosecutors must carry to win the case?
• What is the actus reus? What is the mens
rea? Is there concurrence between the two?
(define these terms)
• Was the crime committed a “criminal
offense” or a “terrorist act”—explain the
difference in your paper.
Defenses
• Identify the specific defenses used by the
defendant.
• What evidence is needed to prove this
defense? Explain all of their elements
• Explain the difference between
“justification” defenses and “excuse”
defenses. What category does the
defendant’s defense in this case fall into?
• Explore other possible defenses as follows
(just briefly explain them even if they don’t
apply to your case):
• o Ex Post Facto Laws
• o Bills of Attainder
• o Statute of Limitations (and explain what is
the statute of limitations for the charges
against the defendant in your case)
• o Void for Vagueness
• o Mistake of Fact
• o Mistake of Law
Jury Verdict
• What was the jury’s verdict?
• What US Constitutional Amendment applies
to the right to a jury (state specifically the
amendment number) and what does it
require? Have these requirements been
met in your case? Why/why not?
• Assume that the defendant was found not
guilty, can the case be re-tried? Why/why
not? Explain the concept of “double
jeopardy” in your response.
• Do you agree with the verdict? Explain
why/why not
• What US Constitutional Amendment applies
to prevent “cruel & unusual punishment”
and (state specifically the amendment
number)?
• Was the ultimate sentencing against the
defendant “cruel & unusual” punishment? If
so, why? If not, why?
• What are the mitigating circumstances?
Where there any present in your case?
• What are the aggravating circumstances?
Where there any present in your case?
• What were the victim impact statements
made at trial? Explain what these are generally
speaking and specifically did any victims make
these statements during the sentencing phase of
your case? If so, what was said by them?
Civil Liability
• Does the defendant face any civil liability?
• If so, who would be the plaintiffs and what
type of tort?
• What is the standard of proof that applies to
that case that the plaintiff must carry to
win?
Appeals:
• Criminal Appeals can be based on “mistakes
of law” and not “mistakes of fact”. Explain
what these mean (in context of an appeal—
not in the context of a trial)
• Are there any grounds for an appeal for the
losing side? If so, explain them.
• What does the term “Habeas Corpus” mean
and how would it apply to this case for
grounds for appeal?
Conclusion:
• Summarize your findings
• What are the parties (defendant and victim
or victim’s families) doing now—where are
they and how have they moved on in life
• Where there any co-conspirators charged?
What happened to them ultimately?
•
Formatting of Response 10
• Rules of grammar, usage, punctuation and
followed.
• Paper is in APA Format (Headings, Line
Spacing, Title Page, Abstract, Pagination, in-
Text Referencing)
• Paper Provided Proper References and
Reference Page
• Student has followed the Minimum word
count for each project
• Sentence Structure was Proper
• Student’s writing tone is proper for the
project and audience receiving the written
document.
Total Points
50
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