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Re: It's a paradigm
Posted by: John J. Lentini, CFEI (IP Logged)
Date: February 25, 2007 11:56PM

Jim:

Admittedly, the US DOJ used the word benchmark, but they meant to imply a standard of care, and here is how they say to process a fire scene:

Identify Resources Required to
Process the Scene

Principle: The investigator should recognize limitations of his
or her own expertise and knowledge and determine
what personnel may be required to process the scene
according to NFPA 921 and other recognized national
guidelines. Except in the most obvious cases, the determination
of a fire’s origin and cause may be a complex
and difficult undertaking that requires specialized
training and experience as well as knowledge of generally
accepted scientific methods of fire investigation.
The investigator must either have appropriate expertise
or call upon the assistance of someone with that knowledge.
This is especially true in cases involving deaths,
major injuries, or large property losses.

Procedure: Based on the preliminary scene assessment and analysis
of fire patterns and damage at the scene, the investigator
should:

A. Identify a distinct origin (location where the fire started) and
an obvious fire cause (ignition source, first fuel ignited, and
circumstances of the event that brought the two together). If
neither the origin nor the cause is immediately obvious, or if there
is clear evidence of an incendiary cause, the investigator should
conduct a scene examination in accordance with NFPA 921 and
other recognized national guidelines or seek someone with the
expertise required.

As for Court cases, you know that numerous courts have recognized NFPA 921 as the standard of care in their rulings. The issue that people have asked the courts to rule on is not (nor will it ever be) what is the standard of care, but whether an investigator complied with it. Many of the rulings previously cited in this forum include an analysis of whether the challenged investigator followed 921. Those that followed it were allowed to testify. Those that deviated significantly from 921 saw their testimony excluded. The discussions in the opinions are actually pretty explicit on the subject. There is a huge body of law on this subject because of Daubert challenges. If you want to believe that 921 has not been recognized as the standard of care, that is your right. But you're wrong.

I should have an article on the subject ready for submission in a few weeks. You were my inspiration. I'll send you the draft when its's done.

John Lentini, CFI, D-ABC
Fire Investigation Consultant
Florida Keys
[www.firescientist.com]



Subject Views Written By Posted
  One Question 1876 Jim Mazerat 02/20/2007 06:00PM
  Re: One Question 1142 PMK140 02/20/2007 08:37PM
  Re: One Question 968 Jim Mazerat 02/20/2007 09:13PM
  Re: One Question 1159 John J. Lentini, CFEI 02/21/2007 12:33AM
  Re: One Question 1079 Jim Mazerat 02/21/2007 09:52AM
  Re: One Question 980 John J. Lentini, CFEI 02/21/2007 10:59AM
  Re: One Question 1037 Jim Mazerat 02/21/2007 12:32PM
  Re: One Question 1028 Gerald Hurst 02/21/2007 01:06PM
  Re: One Question 1057 Jim Mazerat 02/21/2007 01:22PM
  Re: One Question 1017 ssklar 02/22/2007 10:57AM
  Re: One Question 990 Jim Mazerat 02/22/2007 11:45AM
  Re: One Question 1046 Tony La Palio 02/22/2007 02:58PM
  Re: One Question 1016 Jim Mazerat 02/22/2007 03:05PM
  Re: Great Answer to What White Smoke Means 1024 Mike Learmonth 02/25/2007 09:58AM
  Re: One Question 961 ssklar 02/23/2007 04:52PM
  Re: One Question 1066 Jim Mazerat 02/23/2007 07:10PM
  Re: One Question 1001 ssklar 02/24/2007 11:48PM
  Re: One Question 1038 Jim Mazerat 02/25/2007 10:59AM
  Re: One Question 987 MIJ 02/25/2007 12:10PM
  Re: One Question 1034 Jim Mazerat 02/25/2007 12:32PM
  Re: One Question 935 ssklar 02/25/2007 04:56PM
  Re: One Question 1536 Jim Mazerat 02/25/2007 05:28PM
  Re: One Question 964 ssklar 02/26/2007 08:27AM
  Re: One Question 905 Jim Mazerat 02/26/2007 09:59AM
  Re: One Question 930 Jim Mazerat 02/25/2007 07:29PM
  Re: One Question 989 PMK140 02/25/2007 08:02PM
  Re: One Question 909 Jim Mazerat 02/25/2007 09:11PM
  It's a paradigm 1167 SJAvato 02/21/2007 01:47PM
  Re: It's a paradigm 1031 PMK140 02/21/2007 05:05PM
  Re: It's a paradigm 1724 Jim Mazerat 02/25/2007 09:10PM
  Re: It's a paradigm 1095 John J. Lentini, CFEI 02/25/2007 11:56PM
  Re: It's a paradigm 905 Jim Mazerat 02/26/2007 11:14AM
  Re: It's a paradigm 968 Jim Mazerat 02/26/2007 12:12PM
  Re: It's a paradigm 932 PMK140 02/26/2007 08:18AM
  Re: It's a paradigm 999 Jim Mazerat 02/26/2007 10:05AM
  Re: It's a paradigm 952 MIJ 02/26/2007 10:12AM
  Re: It's a paradigm 927 Jim Mazerat 02/26/2007 10:23AM
  Re: It's a paradigm 922 Jim Mazerat 02/26/2007 12:20PM
  Re: It's a paradigm 993 Jim Mazerat 02/21/2007 06:34PM
  Re: It's a paradigm 1072 Jim Mazerat 02/21/2007 07:17PM
  Re: It's a paradigm 1660 SJAvato 02/21/2007 08:02PM
  Re: It's a paradigm 947 Jim Mazerat 02/21/2007 09:00PM
  Re: It's a paradigm 1005 Jim Mazerat 02/23/2007 11:21AM
  Re: It's a paradigm 1003 Ted Pagels 02/25/2007 08:23PM
  Re: It's a paradigm 966 Jim Mazerat 02/25/2007 09:13PM


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