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Re: Is 921 a Standard of Care?
Posted by: J L Mazerat (IP Logged)
Date: November 16, 2016 09:33PM
Unfortunately, or fortunately, the courts in this country have the final say. I may agree if only one court and one jurisdiction made the statement as to the standard of care. What is taking place is the judges, both in federal and state courts, have made the decision to use this document. In the district court opinions they are just opinions. When this moves from the District Court to the appellate courts then it becomes the law of the land. Once the federal appellate courts start taking action and citing 921 as their standard of care when evaluating fire investigations it becomes the requirements that other courts must follow within that appellate courts jurisdiction. In the case of the United States I believe every appellate court on the federal level has address this issue in someway or another. Some are calling it the gold standard in which to measure the quality of fire investigations. This is also occurring within the appellate courts of different states.
Many are still arguing your point that NFPA states it is a guide and not a standard. The courts disagree to the point they consider because of its development and acceptance it is the standard of care in which the courts may use when evaluating a investigators performance.
When the Delbert opinion was rendered by the United States Supreme Court the courts begin to look for some document with information that they could use to test the methodology used by fire investigators. The only document available is 921. The courts realizing how this document is developed and maintained have decided this is what they would use when evaluating fire investigations.
At this time there is no logical means in which to challenge the courts use of this document. Now a number of the courts have said investigator can use a different methodology but investigate of must show that that methodology has been peer review and except it by the fire investigation profession. To my knowledge The only document addressing in detail methodology is 921. Because of this reason I expect the courts not only to stand with this document but to continue to use it is it standard of care for fire investigators.
Jim Mazerat
Forensic Investigations Group
Many are still arguing your point that NFPA states it is a guide and not a standard. The courts disagree to the point they consider because of its development and acceptance it is the standard of care in which the courts may use when evaluating a investigators performance.
When the Delbert opinion was rendered by the United States Supreme Court the courts begin to look for some document with information that they could use to test the methodology used by fire investigators. The only document available is 921. The courts realizing how this document is developed and maintained have decided this is what they would use when evaluating fire investigations.
At this time there is no logical means in which to challenge the courts use of this document. Now a number of the courts have said investigator can use a different methodology but investigate of must show that that methodology has been peer review and except it by the fire investigation profession. To my knowledge The only document addressing in detail methodology is 921. Because of this reason I expect the courts not only to stand with this document but to continue to use it is it standard of care for fire investigators.
Jim Mazerat
Forensic Investigations Group
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