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.