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american_const_assignment_8.docx

American Constitutional Law

Directions: Unless otherwise stated, answer in complete sentences, and be sure to use correct English, spelling, and grammar.

You are a paralegal assisting an attorney who is representing an individual who has been convicted of a murder during a home invasion and who was sentenced in state court to be executed. You are assisting with research for an appeal to the U.S. Supreme Court. Provide the following information.

1. A brief history of capital punishment in the United States. Include case law.

2. An explanation of the constitutional ban on “cruel and unusual punishment,” including the four primary dimensions as interpreted by the Court.

3. Discuss an example you found interesting of a right asserted by inmates under the Eighth Amendment’s Cruel and Unusual Punishment Clause and the outcome.

Grading Rubric

Please refer to the rubric on the next page for the grading criteria for this assignment.

CATEGORYExemplarySatisfactoryUnsatisfactoryUnacceptable

25 points18 points12 points5 points

Student provides a clear and

logical brief summary of the

history of capital punishment

in the United States,

including case law.

Student provides a mostly

clear and logical brief

summary of the history of

capital punishment in the

United States, including case

law.

Student provides a partially

clear and logical brief

summary of the history of

capital punishment in the

United States, including

case law.

Student provides a weak or

unclear brief summary of

the history of capital

punishment in the United

States, including case law.

25 points18 points12 points5 points

Student provides a clear,

logical discussion of the

constitutional ban on “cruel

and unusual punishment,”

including the four primary

dimensions.

Student provides a mostly

clear, logical discussion of

the constitutional ban on

“cruel and unusual

punishment,” including the

four primary dimensions.

Student provides a partially

clear, logical discussion of

the constitutional ban on

“cruel and unusual

punishment,” including at

least two primary

dimensions.

Student provides a

partially clear, logical

discussion of the

constitutional ban on

“cruel and unusual

punishment,” including at

least one primary

dimension.

25 points18 points12 points5 points

Student provides a clear

description of an interesting

right asserted by inmates

under the Eighth

Amendment’s Cruel and

Unusual Punishment Clause

and the outcome.

Student provides a mostly

clear description of an

interesting right asserted by

inmates under the Eighth

Amendment’s Cruel and

Unusual Punishment Clause

and the outcome.

Student provides a partially

clear description of an

interesting right asserted by

inmates under the Eighth

Amendment’s Cruel and

Unusual Punishment Clause

and the outcome.

Student provides a weak or

unclear description of an

interesting right asserted

by inmates under the

Eighth Amendment’s Cruel

and Unusual Punishment

Clause and the outcome.

10 points 8 points 5 points 2 points

Student does not make any

errors in grammar or spelling,

especially those that distract

the reader from the content.

Student makes 1-2 errors in

grammar or spelling that

distract the reader from the

content.

Student makes 3-4 errors in

grammar or spelling that

distract the reader from the

content.

Student makes more than

4 errors in grammar or

spelling that distract the

reader from the content.

15 points 12 points 8 points 5 points

The paper is written in

proper APA and

organizational format. All

sources used for quotes and

facts are credible and cited

correctly. Excellent

organization, including a

variety of thoughtful

transitions.

The paper is written in

proper format with only 1-2

errors. All sources used for

quotes and facts are

credible, and most are cited

correctly. Adequate

organization includes a

variety of appropriate

transitions.

The paper is written in

proper format with only 3-5

errors. Most sources used

for quotes and facts are

credible and cited correctly.

Essay is poorly organized,

but may include a few

effective transitions.

The paper is not written in

proper format. Many

sources used for quotes

and facts are less than

credible (suspect) and/or

are not cited correctly.

Essay is disorganized and

does not include effective

transitions.

Format - APA

Format, Citations,

Organization,

Transitions (15

Points)

History of capital

punishment (25

Points)

Mechanics (10

Points)

Four primary

dimensions of

“cruel and unusual

punishment” (25

Points)

Interesting right

asserted by inmates

(25 Points)