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Home » Title: The Mitigating Role Adjustment and Federal Rule of Evidence 704(b): A Debate on Expert Testimony in Criminal Cases

Title: The Mitigating Role Adjustment and Federal Rule of Evidence 704(b): A Debate on Expert Testimony in Criminal Cases

Please follow the PDF — the Fact Pattern along with the supported sources. 
Answer these questions: 
Make the strongest arguments both for and against the applicability of the mitigating role adjustment.
Is the Fifteenth Circuit likely to hold that, under Federal Rule of Evidence 704(b), the prosecution elicited improper expert testimony as to an ultimate issue in Johan’s case?
Considering the implications for criminal defendants, is Federal Rule of Evidence 704(b) sound policy?

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