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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 1878 Jim Mazerat 02/20/2007 06:00PM
  Re: One Question 1144 PMK140 02/20/2007 08:37PM
  Re: One Question 969 Jim Mazerat 02/20/2007 09:13PM
  Re: One Question 1162 John J. Lentini, CFEI 02/21/2007 12:33AM
  Re: One Question 1080 Jim Mazerat 02/21/2007 09:52AM
  Re: One Question 982 John J. Lentini, CFEI 02/21/2007 10:59AM
  Re: One Question 1039 Jim Mazerat 02/21/2007 12:32PM
  Re: One Question 1029 Gerald Hurst 02/21/2007 01:06PM
  Re: One Question 1058 Jim Mazerat 02/21/2007 01:22PM
  Re: One Question 1020 ssklar 02/22/2007 10:57AM
  Re: One Question 994 Jim Mazerat 02/22/2007 11:45AM
  Re: One Question 1048 Tony La Palio 02/22/2007 02:58PM
  Re: One Question 1017 Jim Mazerat 02/22/2007 03:05PM
  Re: Great Answer to What White Smoke Means 1026 Mike Learmonth 02/25/2007 09:58AM
  Re: One Question 962 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 1039 Jim Mazerat 02/25/2007 10:59AM
  Re: One Question 990 MIJ 02/25/2007 12:10PM
  Re: One Question 1036 Jim Mazerat 02/25/2007 12:32PM
  Re: One Question 938 ssklar 02/25/2007 04:56PM
  Re: One Question 1537 Jim Mazerat 02/25/2007 05:28PM
  Re: One Question 967 ssklar 02/26/2007 08:27AM
  Re: One Question 905 Jim Mazerat 02/26/2007 09:59AM
  Re: One Question 932 Jim Mazerat 02/25/2007 07:29PM
  Re: One Question 991 PMK140 02/25/2007 08:02PM
  Re: One Question 911 Jim Mazerat 02/25/2007 09:11PM
  It's a paradigm 1170 SJAvato 02/21/2007 01:47PM
  Re: It's a paradigm 1034 PMK140 02/21/2007 05:05PM
  Re: It's a paradigm 1725 Jim Mazerat 02/25/2007 09:10PM
  Re: It's a paradigm 1098 John J. Lentini, CFEI 02/25/2007 11:56PM
  Re: It's a paradigm 906 Jim Mazerat 02/26/2007 11:14AM
  Re: It's a paradigm 971 Jim Mazerat 02/26/2007 12:12PM
  Re: It's a paradigm 934 PMK140 02/26/2007 08:18AM
  Re: It's a paradigm 1000 Jim Mazerat 02/26/2007 10:05AM
  Re: It's a paradigm 953 MIJ 02/26/2007 10:12AM
  Re: It's a paradigm 928 Jim Mazerat 02/26/2007 10:23AM
  Re: It's a paradigm 923 Jim Mazerat 02/26/2007 12:20PM
  Re: It's a paradigm 995 Jim Mazerat 02/21/2007 06:34PM
  Re: It's a paradigm 1074 Jim Mazerat 02/21/2007 07:17PM
  Re: It's a paradigm 1662 SJAvato 02/21/2007 08:02PM
  Re: It's a paradigm 948 Jim Mazerat 02/21/2007 09:00PM
  Re: It's a paradigm 1008 Jim Mazerat 02/23/2007 11:21AM
  Re: It's a paradigm 1005 Ted Pagels 02/25/2007 08:23PM
  Re: It's a paradigm 968 Jim Mazerat 02/25/2007 09:13PM


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