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)