What you are doing in this step is setting the criteria for successfully completing the scenario, either for training or testing purposes. Of course, there will be many other aspects of policing that you would like your officers to do properly, regardless of the particular learning objectives addressed in the scenario. You can certainly list these as desirable performances, but except for egregious safety issues, the critical pass-fail criteria should relate to the specific learning objectives outlined in Step 1.
Let's rewind to the lawyer's final question about your design process. If you have followed this procedure, you could easily provide a persuasive answer. Not only that, but if the lawyer were foolish enough to let you, you could go on to explain that you have three other variations on the same scenario--all designed to highlight the same learning objectives, but using different kinds of relationships and characters. Not only have you established that your process is consistent and rational, you have also tied it to state-endorsed curriculum objectives. That combination is tough to beat.