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Re: Acceptable Level of Certainty
Posted by:
SJAvato (IP Logged)
Date: February 08, 2007 03:59PM
I may be reading 921 wrong, but I am not aware of that document saying you "must" establish a level of certainty. It says you should. The level at which a call, other than "Undetermined", can be made (as I read 921) is "Probable" - not absolutely certain, but "Probable." This is consistent with the Supreme Court's comments in Daubert; where "certainty" is not required for any opinion (and may not be attainable) ["Of course, it would be unreasonable to conclude that the subject of scientific testimony must be 'known'to a certainty..." - Daubert v. Merrell Dow] . One could easily argue that anybody who says in their report that they are "Absolutely Certain" is not following 921 as 921 only lists Probable and Possible as the two levels of confidence with any significance.