Option #1: Fact Pattern/Essay/Expert Witness
Part II: Burdens of Proof, Criminal Procedure Violations, and the Role of the Expert Witness (250 points)
Section A: Burdens of Proof and Violations of Criminal Procedure:
Write 2 pages addressing the following questions separately for each of the four Fact Patterns that you completed in Part 1 during Module 7:
- What are the elements of the crime the prosecution must prove?
- What violations of criminal procedure by law enforcement, if any, occurred?
- Be specific in your discussion of the applicable law.
- Discuss arguments that could be made on both sides of any issue raised.
Section B: The Role of the Expert Witness
Write 4 pages addressing the following items with separate sections for each of the Fact Patterns that you completed in Part 1:
- If you are called as an expert witness in this case in your capacity as a fraud examiner, what would you focus on to support the prosecution?
- What would you say if you were called to support the defense?
- Indicate what additional investigation and research you might need to do.
- Indicate what qualifications you would need to have to qualify as an expert witness.
