Victims’ Rights Course Law Enforcement I Rationale Students in law enforcement will encounter victims of crime and need to be able to relay to the victims the rights afforded them under state and federal laws. Unit VII Victims’ Rights Objectives The student will be able to: 1. Analyze the rights of victims of crimes and witnesses to crime laws, such as the Victim and Witness Protection Act of 1982, the Victim’s of Crime Act of 1984, the Victim’s Rights and Restitution Act, the Child Victim’s Bill of Rights of 1990, and the Victim Rights Clarification Act of 1997. 2. Research state and federal laws related to the witness protection program. Essential Question What rights are afforded to the victims of crime? TEKS §130.293(c) (8)(A)(B) Prior Student Learning None Estimated Time 3 hours Engage Show students the Victim’s Voices-Constitutional Amendment Video at http://archive.org/details/gov.doj.ncj.213808. Use the following questions for a class discussion: 1. What is the importance of victims’ rights? 2. What are the main points of the video? 3. Why is it important for victims to have a voice? 4. Does the Criminal Justice system favor victims or offenders? Discuss the injustices talked about in this video. Upon completion of the discussion above, divide the class into two groups to debate the following question: Should the U.S. Constitution be amended to address/regulate victims’ rights, or should each state be allowed to adopt it’s own victims’ rights laws? Use the Discussion Rubric and Debate Rubric as needed for assessment. Key Points I. Laws Affecting Victims’ Rights A. Victim and Witness Protection Act of 1982 1. Protects and assists victims and witnesses of federal crimes a) Allows for Victim Impact Statements at sentencing, including information about the financial, psychological, or physical harm suffered by the victim b) Provides restitution for the victims c) Prevents victims or witnesses from being intimidated by threatening verbal harassment d) Establishes penalties for retaliation against testifying e) Provides victims with notification of criminal proceedings (1) Arrest of accused (2) Times of court appearances (3) Release and detention of accused (4) Victim’s opportunity to address sentencing court 1 Copyright © Texas Education Agency, 2011. All rights reserved. (5) Consultation of victims at proposed dismissals and plea negotiations f) No disclosure of name and address of witnesses and victims B. Victims of Crime Act of 1984 1. Created federal victims’ compensation account funded by fines assessed in federal criminal convictions 2. Established provisions to assist state programs that compensated victims of crime 3. Established crime victims’ fund collected through U.S. convictions 4. Distributed U.S. funds to the states 5. Losses not covered a) Stolen or damaged property b) Pain and suffering c) Crime scene cleanup d) Relocation e) House payments f) Rent g) Utilities h) Food or clothing costs i) Tuition reimbursement j) Monetary losses from investment schemes 6. Created crime victims’ legal assistance grants a) Director may issue grants to institutions to develop, establish, and maintain programs for enforcement of crime victims’ rights to the following entities (1) States (2) Tribal and local prosecutor’s offices (3) Law enforcement (4) Courts (5) Jails and correctional institutions 7. Established crime victims’ rights – the right to a) Be reasonably protected from the accused b) Reasonable, accurate, and timely notice of public proceedings involving the crime, or any release or escape of the accused c) Not be excluded from any such public proceeding d) Be reasonably heard at any public proceeding involving release, plea, or sentencing e) Confer with the attorney for the government in the case f) Full and timely restitution as provided by law g) Be free from unreasonable delay in proceedings h) Be treated with fairness and respect for the victim’s dignity and privacy C. Victims’ Rights and Restitution Act of 1990 1. Was introduced in a session of Congress, but was not enacted 2 Copyright © Texas Education Agency, 2011. All rights reserved. 2. Requires all federal law enforcement agency officers and employees to make their best efforts to accord victims of crime with the right to a) Be treated with fairness and respect for the victim's dignity and privacy b) Be protected from their accused offenders c) Notification of court proceedings d) Attend public court proceedings related to the offense under certain conditions e) Confer with the government attorney assigned to the case f) Restitution g) Information about the conviction, sentencing, imprisonment, and release of the offender 3. Directs federal law enforcement agency heads to designate the persons responsible for identifying the victims of a crime and providing certain services to such victims such as a) Informing them where to receive medical care and counseling b) Arranging protection from an offender c) Keeping the victim informed of developments during the investigation and prosecution of the crime and after the trial such as the arrest of a suspected offender or an escape of a convicted offender 4. Revises federal criminal code provisions regarding orders of restitution 5. Requires federal courts to order convicted criminals to pay restitution to cover the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from other sources (currently orders of restitution are discretionary) 6. Authorizes federal courts to order restitution for any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by the unlawful conduct of the defendant during the crime 7. Amends the federal bankruptcy code to prevent orders of restitution from being discharged as a result of bankruptcy D. Child Victims’ Bill of Rights of 1990 – the right to 1. Have proceedings explained in simple terms 2. Have a victim’s advocate present at prosecutorial or defense interviews (if the child is a victim of sexual assault, violent crimes, or child abuse) 3. A secure waiting area and a support person during court 4. Not have name, address, or photo released to any agency outside of the criminal justice system 5. Allow an advocate to inform the court of the child’s ability to 3 Copyright © Texas Education Agency, 2011. All rights reserved. understand the proceedings 6. Allow the advocate to make a recommendation to the prosecutor about the child’s ability to cooperate with the prosecution and the potential effects of the prosecution upon the child 7. Provide information and referrals to agencies to assist the child and the family in dealing with the emotional impact of the crime and legal proceedings 8. Allow an advocate to be present in court to provide emotional support for the child during testimony 9. Inform the court as to the need to have other supportive persons present during the child’s testimony 10. Allow law enforcement agencies to enlist the services of other professional staff trained to interview child victims E. Victim Rights Clarification Act of 1997 (VRCA) 1. Clarifies the existing federal law that allows victims to attend a trial and appear as an impact witness during the special sentencing phase for capital and noncapital crimes 2. The victim cannot be prevented from attending a federal criminal trial based on the fact that he or she is expected to testify at the sentencing phase of the trial 3. The victims of crimes can include family members of deceased victims, and permits certain family members to be present during capital trials F. Crime Victims’ Compensation Act 1. Accrues money from the following sources a) State court costs b) Parole fees of $8/month c) Donations d) Subrogation e) Federal Victims of Crime Act grants f) Restitution 2. Benefits payable up to $50,000 with an additional benefit of $75,000 for permanent disability 3. Eligibility a) Crime occurs in Texas b) Victim resides in Texas c) Crime must be reported within a reasonable amount of time d) Victim must file for benefits within 3 years of the date of the crime e) Claim may be reduced/denied if the victim has not cooperated with the investigation/criminal proceedings II. Witness Protection Program A. Introduced in 1970 in the Organized Crime Control Act B. Relocation and protection of witness(es) or potential witness(es) 4 Copyright © Texas Education Agency, 2011. All rights reserved. C. Protected against intimidation before they testify, or criminal retaliation after they testify D. Relocated and provided with new identities and documents E. Protection provided by U.S. Marshals for the security, health, and safety of the witnesses F. Protection provided for the witnesses and their immediate dependents G. Testimony against drug traffickers, terrorists, organized crime, and other major crimes H. Amended by the Comprehensive Crime Control Act of 1984 I. Relocated persons can have no contact with persons from their past J. U.S. Code Title 18, Part II, Ch 224, Sec 3521 Witness Relocation and Protection (http://uscode.house.gov/download/pls/18C224.txt) 1. Administered by the Attorney General 2. Persons protected a) Provides relocation and protection for the federal and the state government b) Protects witnesses to organized crime, serious offense of violence directed at witness in Offenses under Ch. 73, and state offenses similar in nature c) Protection and relocation of the witnesses and their immediate families or persons otherwise closely associated, or persons who may be endangered on account of the participation of the witnesses in the judicial proceedings 3. Provisions a) Provide suitable documents to enable a person to establish a new identity or otherwise protect the person b) Provide housing c) Provide transportation of household furniture and other personal property to the new residence d) Provide payment of basic living expenses e) Provide employment assistance f) Provide payment of medical expenses/care g) Provide job training h) Provide other service necessary to assist the person in being self-sustaining 4. Disclosure a) Weigh the danger against the benefit of disclosure before disclosing the location/identity of the protected person b) With a court order, and without delay, disclosure to officials includes (1) Identity (2) Location (3) Criminal records (4) Fingerprints c) A request is made because 5 Copyright © Texas Education Agency, 2011. All rights reserved. (1) (2) The protected person is under investigation or Has been arrested/charged with a crime of violence or (3) Has been arrested/charged with an offense punishable by more than one year in prison d) Provide the confidential identity/location of the person who is subject to the regulation requirements as a convicted offender 5. Prior to protection, the Attorney General obtains information to determine the suitability of the person for the program a) Criminal history b) Psychological evaluation c) Written assessment (1) Need for the testimony is weighed against the risk of danger (2) Alternatives to protection are evaluated (3) Determine if testimony from other sources can be secured (4) Determine the importance of the testimony (5) Weigh whether or not protection would infringe upon the relationship between a child being relocated and his or her parents not being protected (6) Will not protect if the potential for harm to innocent victims outweighs the need for a person’s testimony d) Prior to program entry a memorandum of responsibilities is presented to the witness. A memorandum is completed for each person 18 years of age and older (1) The witness must agree to the following: (a) To testify and provide information to law enforcement (b) To commit no crime (c) To take all of the necessary steps to avoid detection by others (d) To comply with all reasonable requests of the government providing the protection (e) To comply with legal obligations and civil judgments (f) To designate another to be an agent for service of the process (g) To make a sworn statement of all legal obligations, including child custody and visitation (h) To disclose any parole and probation responsibilities 6 Copyright © Texas Education Agency, 2011. All rights reserved. (i) (2) (3) To inform the government of activities and current address The government may provide temporary protection if the threat of harm is imminent The government may terminate the protection for a breach of the memorandum III. Texas Laws for Witness Protection A. Address Confidentiality Program (ACP) 1. Keeps the address confidential 2. Provides a substitute PO Box and free mail forwarding 3. Allows the PO Box address to be used for Driver’s license, voter registration, and school registration 4. Agencies that are not required to accept ACP addresses a) Banks b) Credit companies c) Private utilities companies B. Eligibility requirements 1. Victims of family violence, sexual assault, or stalking 2. A member of the participant’s household 3. Must keep the address confidential 4. Victim must meet with the advocate to develop a safety plan 5. Must be a Texas resident or a victim that is relocating to Texas C. The application process 1. The victim must meet with a local domestic violence shelter, sexual assault center, law enforcement agent, or prosecutor to discuss the safety plan 2. The safety plan is a checklist used to assess the risk and identify the actions that increase safety for the victims a) The safety plan includes (1) Important telephone numbers for law enforcement, help lines, and community resources (2) An outline with specific strategies for avoiding the offender and for getting help when needed b) Must be renewed every three years c) Must notify the Office of the Attorney General of an address change 10 days prior to moving D. Disclosure of address 1. Law Enforcement 2. Department of Family Protective Services 3. Department of State Health E. Cancellation of benefits 1. Knowingly makes a false statement on the application 2. Forwarded mail is undeliverable at least four times 3. If the name or the true residence address is changed and notification is not sent 10 days prior to moving 7 Copyright © Texas Education Agency, 2011. All rights reserved. Activities 1. Victim Impact Statements. Have students read about Victim Impact Statements (VIS) at http://www.ncvc.org/ncvc/Main.aspx. Then have students research and select a crime and then write a VIS based on the crime they choose; whose voice they write it from is optional. Then have the students read their VIS to the rest of the class who will act as jurors. The students acting as jurors will make a sentencing judgment based on the VIS presented to them. Use the Victim Impact Statement: Persuasive Essay Rubric for assessment. 2. Witness Protection Program Brochure. Have students research state and federal witness protection programs. Then have each student create a brochure outlining the Witness Protection Program. Have students imagine that their brochure will be given to victims who are in danger and need to be placed in the program. It should be informative and reassuring. Use the Witness Protection Program Brochure Rubric for assessment. 3. Video Discussion (optional). Watch and discuss videos related to Victims’ Rights. Do find videos do an Internet search for the following: 2009 NCVRW Theme video Witness Protection Program video Assessments Victims’ Rights Exam and Key Victim Impact Statement: Persuasive Essay Rubric Witness Protection Program Brochure Rubric Debate Rubric Discussion Rubric Writing Rubric Materials Victims’ Rights computer-based presentation Computers with Internet access Brochure materials (computers with desktop publishing software or paper, colored pencils, etc.) Resources Missouri Department of Public Safety www.dps.mo.gov/dir/programs/cvsu/voca.asp National Criminal Justice Reference Service https://www.ncjrs.gov/ovc_archives/ncvrw/2008/pdf/landmarks.pdf The Attorney General of Texas, Crime Victim Services www.oag.state.tx.us/victims The National Center for Victims of Crime http://www.ncvc.org/ncvc/Main.aspx H.R. 5368 (101st): Victims’ Rights and Restitution Act of 1990 http://www.govtrack.us/congress/bills/101/hr5368 Voices of Victims: Constitutional Amendment (9:48 minutes) 8 Copyright © Texas Education Agency, 2011. All rights reserved. http://archive.org/details/gov.doj.ncj.213808 Do an Internet search for the following: library index victims of crime federal actions Child Victims Bill of Rights; Kitsap County, Washington Andrew Alpert legal dictionary free 2009 NCVRW Theme video Witness Protection Program video Accommodations for Learning Differences For reinforcement, students will research each of the laws discussed to gain a better understanding of each of them. Students may create a timeline establishing the progression in Victims’ Rights. Use the Writing Rubric for assessment. For enrichment, students will write their own Victims’ Rights law that will impact Victim’s Rights as we know them. The new bill needs to include a specific need of the victims and address how that need can be resolved. Use the Writing Rubric for assessment. State Education Standards Texas Essential Knowledge and Skills for Career and Technical Education §130.293. Law Enforcement I (One to Two Credits). (8) The student analyzes law related to victims and witnesses. The student is expected to: (A) analyze the rights of victims of crimes and witnesses to crime laws such as the Victim and Witness Protection Act of 1982, the Victims of Crime Act of 1984, the Victim's Rights and Restitution Act, the Child Victims' Bill of Rights of 1990, and the Victim Rights Clarification Act of 1997; and (B) research the state and federal laws related to the witness protection program. College and Career Readiness Standards English/Language Arts Standards V. Research C. Produce and design a document. 1. Design and present an effective product. 2. Use source material ethically. 9 Copyright © Texas Education Agency, 2011. All rights reserved. Name_______________________________ Date_______________________________ Victims’ Rights Exam 1) _____The law that made it possible for victims to prepare and present a Victim Impact Statement that includes financial, psychological, or physical harm suffered by a victim at sentencing is the a) Victim and Witness Protection Act of 1982 b) Victims of Crime Act of 1984 c) Child Victims’ Bill of Rights of 1990 d) Victim Rights Clarification Act of 1997 2) _____Which right does not apply to the Victim and Witness Protection Act of 1982? a) Notification of the arrest of the accused b) Notification of the court appearances c) Don’t have to consult with victims regarding proposed dismissals and plea bargains d) Opportunity to address the sentencing court 3) _____Which of these items are covered under the Victims of Crime Act of 1984? a) Crime scene cleanup b) Food and/or clothing cost c) Stolen or damaged property d) None of the above are covered under this act 4) _____Which law established the Crime Victims’ Fund? a) Victim and Witness Protection Act of 1982 b) Victims of Crime Act of 1984 c) Child Victims’ Bill of Rights of 1990 d) Victim’s Rights Clarification Act of 1997 5) _____Which of these is NOT a crime victim’s right? a) Right to reasonable, accurate, and timely notice of public proceedings b) Right to be treated with fairness and respect c) Right to have a secure waiting area during the trial d) Right to a full and timely restitution 10 Copyright © Texas Education Agency, 2011. All rights reserved. 6) _____The Child Victims’ Bill of Rights of 1990 includes all of the following rights except? a) Have the proceedings explained in simple terms b) Not to release name, address, or photo to an outside agency c) An advocate to make recommendations to the court about the child's ability to cooperate d) Relocate and provide new identities 7) _____Crime victims’ legal assistance grants are given to establish and maintain programs for enforcement of crime victims’ rights to all except which of the following agencies? a) Human service agencies b) Tribal, local, and state prosecutor's offices c) Courts d) Jails or correctional institutions 8) _____Which federal law allows Victim Impact Statements to be introduced during sentencing? a) Victim and Witness Protection Act of 1982 b) Victims of Crime Act of 1984 c) Child Victims’ Bill of Rights of 1990 d) Victim Rights Clarification Act of 1997 9) _____The Victim and Witness Protection Act of 1982 provides victims with the notification of criminal proceedings regarding all except which of the following? a) Arrest of the accused b) Times of court appearances c) Release and detention of the accused d) The act provides all of the above 10) _____The Victims of Crime Act of 1984 covers all but which of the following? a) Created a federal victims’ compensation account funded by fines assessed in federal criminal convictions b) Creates penalties for retaliation against testifying c) Established provisions to assist the state programs that compensated victims of a crime d) U.S. funds are distributed to the states 11 Copyright © Texas Education Agency, 2011. All rights reserved. 11) _____The Victims of Crime Act of 1984 does not cover which of the following losses? a) Stolen or damaged property b) Crime scene cleanup c) Food and/or clothing d) The act covers all of the above 12) _____Which of the following is not a crime victim’s right? a) To be reasonably protected from the accused b) To be excluded from any such public proceeding involving release, plea, or sentencing c) To confer with the attorney for the government in the case d) To be treated with fairness and with respect for the victim's dignity and privacy 13) _____Which law affords victims the right to reasonable, accurate, and timely notice of a public proceeding involving the crime, or of any release or escape of the accused? a) Victims of Crime Act of 1984 b) Child Victims’ Bill of Rights of 1990 c) Victim and Witness Protection Act of 1982 d) Victim Rights Clarification Act of 1997 14) _____The Child Victims’ Bill of Rights of 1990 affords children which of the following rights? a) To have the proceedings explained in simple terms b) To have a secure waiting area during court and a support person to stay with them c) To allow an advocate to be present in court to provide emotional support to the child during testimony d) The act affords all of the above 15) _____Which of the following is not a right afforded to child victims? a) No release of name, address, or photo to an agency outside of the criminal justice system b) To allow an advocate to make a recommendation to the prosecutor about the child's ability to cooperate with the prosecutor c) Restitution to the victims d) To allow an advocate to inform the court of the child's ability to understand the proceedings 12 Copyright © Texas Education Agency, 2011. All rights reserved. 16) _____Which federal law states that a victim cannot be prevented from attending a federal criminal trial based on the fact that he or she is expected to testify at the sentencing phase of the trial? a) Victim Rights Clarification Act of 1997 b) Victims of Crime Act of 1984 c) Victim and Witness Protection Act of 1982 d) Child Victims’ Bill of Rights of 1990 17) _____The Crime Victims’ Compensation Act receives resources from which of the following sources? a) State court costs b) $8 monthly parole fee c) Donations d) All of the above 18) _____What is the maximum benefit allowed under the Crime Victims’ Compensation Act for permanent disability? a) $25,000 b) $75,000 c) $50,000 d) None of the above 19) _____Crime victim compensation applicants must meet which of the following guidelines? a) Crime occurs in Texas/Victims reside in Texas b) Crime must be reported within a reasonable amount of time c) They must file the application within 3 years of the offense d) All of the above 20) _____Which federal law allows for the relocation and protection of a witness or potential witnesses? a) Witness Relocation and Protection Program b) Address Confidentiality Program c) Victim Rights Clarification Act of 1997 d) Victims of Crime Act of 1984 13 Copyright © Texas Education Agency, 2011. All rights reserved. 21) _____The Witness Relocation and Protection Program is overseen by which agency? a) Texas Rangers b) Attorney General c) U.S. Marshals d) FBI 22) _____Which law enforcement agency is responsible for protecting the witnesses assigned to the Witness Relocation and Protection Program? a) FBI b) Texas Ranger c) U.S. Marshals d) Attorney General 23) _____Which victims’ right law was introduced in 1970 under the Organized Crime Control Act and was amended by the Comprehensive Crime Control Act of 1984? a) Address Confidentiality Program b) Witness Relocation and Protection Program c) Victim Rights Clarification Act d) Victim and Witness Protection 24) _____The Witness Relocation and Protection Program provides funds for which of the following? a) Housing b) Basic living expenses c) Job training d) All of the above 25) _____Which federal law provides the suitable documents to enable a person to establish a new identity or to otherwise protect the person? a) Witness Relocation and Protection Program b) Address Confidentiality Program c) Victim and Witness Protection Act of 1982 d) Victims of Crime Act of 1984 14 Copyright © Texas Education Agency, 2011. All rights reserved. 26) _____Which information may be released without delay upon the issuance of a court order under the Witness Relocation and Protection Program? a) Identity b) Location c) Financial records d) Criminal records 27) _____Prior to protection under the Witness Relocation and Protection Program, the Attorney General must obtain information to determine the suitability for the program by completing what assessments? a) Criminal history b) Psychological evaluation c) Written assessment d) All of the above 28) _____Information regarding the location of a person in the Witness Relocation and Protection Program can only be released under the following circumstances: a) Person is under investigation for a crime with the punishment of more than 1 year b) Person has been arrested for a crime with the punishment of more than 1 year c) Person has been charged with a crime with the punishment of more than 1 year d) Any of the above 29) _____Prior to entry into the Witness Relocation and Protection Program, witnesses must complete a memorandum. The memorandum includes all but which of the following guidelines? a) Comply with legal obligations and civil judgments b) Commit no crime c) Agreement to testify and provide information to law enforcement d) All of the above 30) _____The Witness Relocation and Protection Program protects witnesses who testify against all except which of the following crimes? a) Drug traffickers b) Burglars c) Terrorists d) Organized crime 15 Copyright © Texas Education Agency, 2011. All rights reserved. 31) _____The .Address Confidentiality Program protects victims from all but which of the following crimes? a) Organized crime b) Sexual assault c) Stalking d) Family violence 32) _____Which agency is not required to accept the Address Confidentiality Program address? a) Driver's License b) School registration c) Banks d) Voter registration 33) _____A safety plan is a checklist used to assess risk and identify actions to increase the safety of victims. A safety plan does not include which of the following? a) Important telephone numbers for law enforcement, help lines, and community resources b) Relocation and protection of the witness c) Outline specific strategies for avoiding the offender and getting help when needed d) 3 year expiration 34) _____The Address Confidentiality Program can be cancelled for all but which of the following? a) Applicant knowingly makes a false statement on the application b) Forwarded mail is returned as undeliverable four times c) Name or address change is not sent 10 days prior to change d) Victim meets with the advocate and develops a safety plan 35) _____The written assessment used in the application process of the Witness Relocation and Protection Program includes which of the following information? a) Need for testimony vs. risk of danger b) Evaluate alternatives to protection c) Secure testimony from other sources d) All of the above 16 Copyright © Texas Education Agency, 2011. All rights reserved. Victims’ Rights Exam Key 1) A 2) C 3) D 4) B 5) C 6) D 7) A 8) A 9) D 10) B 11) D 12) B 13) B 14) D 15) C 16) A 17) D 18) B 19) D 20) A 21) B 22) C 23) B 24) D 25) A 26) C 27) D 28) D 29) D 30) B 31) A 32) C 33) B 34) D 35) D 17 Copyright © Texas Education Agency, 2011. All rights reserved. Name_______________________________________ Date_______________________________ Victim Impact Statement: Persuasive Essay Rubric Objectives Attention Grabber Position Statement Support for Position Closing paragraph Grammar & Spelling Sentence Structure 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement The introductory paragraph has a strong hook or attention grabber that is appropriate for the audience. The introductory paragraph has a hook or attention grabber, but it is weak, rambling, or inappropriate for the audience. The position statement provides a clear statement of the author's position on the topic. Includes 3 or more pieces of evidence (facts, statistics, examples, real-life experiences) that support the position statement. The conclusion is recognizable. The author's position is restated within the first two sentences of the closing paragraph. The author has an interesting introductory paragraph, but the connection to the topic is not clear. The introductory paragraph is not interesting and is not relevant to the topic. A position statement is present, but does not make the author's position clear. There is no position statement. Includes 2 pieces of evidence (facts, statistics, examples, reallife experiences) that support the position statement. Includes 1 or fewer pieces of evidence (facts, statistics, examples, real-life experiences). The author's position is restated within the closing paragraph, but is not near the beginning. There is no conclusion the paper just ends. The author makes 1-2 errors in grammar or spelling that distract the reader from the content. Most sentences are wellconstructed and there is some varied sentence structure in the essay. The author makes 3-4 errors in grammar or spelling that distract the reader from the content. The author makes more than 4 errors in grammar or spelling that distract the reader from the content. Most sentences are not wellconstructed or varied. The position statement provides a clear, strong statement of the author's position on the topic. Includes 4 or more pieces of evidence (facts, statistics, examples, real-life experiences) that support the position statement. The conclusion is strong and leaves the reader solidly understanding the writer's position. Effective restatement of the position statement begins the closing paragraph. The author makes no errors in grammar or spelling that distract the reader from the content. All sentences are wellconstructed with varied structure. Most sentences are wellconstructed, but there is no variation in structure. Pts. Total Points (24 pts.) Comments: 18 Copyright © Texas Education Agency, 2011. All rights reserved. Name_______________________________________ Date_______________________________ Witness Protection Program Brochure Rubric Objectives Attractiveness and Organization Content Accuracy Knowledge Gained 4 pts. Excellent The brochure has exceptionally attractive formatting and well-organized information. The brochure includes an excellent outline of the Witness Protection Program and is very informative and reassuring for a victim. Students can accurately answer all questions related to the facts in the project and the processes used to create the project. 3 pts. Good The brochure has attractive formatting and well-organized information. 2 pts. Needs Some Improvement The brochure has well-organized information. The brochure includes a good outline of the Witness Protection Program and is somewhat informative and reassuring for a victim. Students can accurately answer most questions related to facts in the project and processes used to create the project The brochure includes an adequate outline of the Witness Protection Program but is not informative and/or reassuring for a victim. Student can accurately answer half of the questions related to facts in the project and processes used to create a project. 1 pt. Needs Much Improvement The brochure's formatting and organization are confusing to the reader. The brochure does not include an adequate outline of the Witness Protection Program and is not informative or reassuring for a victim. N/A Pts. Student appears to have insufficient knowledge about the facts or processes used in the project. Total Points (12 pts.) Comments: 19 Copyright © Texas Education Agency, 2011. All rights reserved. Name:____________________________________ Date:_____________________________________ Debate Rubric Objectives 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Information Clear, accurate and thorough Facts, statistics and/or examples used to support major points. Communication Respectful body language Respectful responses Focused/on-topic Sarcasm avoided Participation Full participation Attentive listening Total Points (32 pts.) Comments: 20 Copyright © Texas Education Agency, 2011. All rights reserved. Name_______________________________________ Date_______________________________ Discussion Rubric Objectives 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Participates in group discussion Encourages others to join the conversation Keeps the discussion progressing to achieve goals Shares thoughts actively while offering helpful recommendations to others Gives credit to others for their ideas Respects the opinions of others Involves others by asking questions or requesting input Expresses thoughts and ideas clearly and effectively Total Points (32 pts.) Comments: 21 Copyright © Texas Education Agency, 2011. All rights reserved. Name:____________________________________ Date:_____________________________ Writing Rubric 4 pts. Excellent Objectives 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. The writing has all required parts from introduction to conclusion in smooth transition. The writing is interesting, supportive, and complete. The writing demonstrates that the writer comprehends the writing process. Accurate spelling, grammar, and punctuation The content of paragraphs emphasizes appropriate points. The writer shows an understanding of sentence structure, paragraphing, and punctuation. All sources and references are clearly and accurately documented. Total Points (28 pts.) Comments: 22 Copyright © Texas Education Agency, 2011. All rights reserved.