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Re: NC Law Review on Fire Investigation
Posted by: CJN (IP Logged)
Date: September 01, 2020 10:02AM

I agree with Doug. Most of what was mentioned in Lentini's LMU paper were attacks based on the topics required in 1033 (fire chemistry, fire science, thermodynamics, electricity, etc.).

One of the other things I forgot in my initial post was the recommendation that fire investigators conduct interviews AFTER they process the scene. This is completely unrealistic. While biasing information can be produced during an interview, it doesn't have to be, based on the questions that are asked. In my opinion, one needs to conduct an interview in order to determine what items may be present within the scene, or what changes/actions occurred leading up to the event. Ed Roberts presented this topic at the ITC in 2019. In one of his examples, he processed the garage, which was the area of greatest damage, for two days. When he later talked with the FD, he found out that the fire was actually in the house, but a FF was injured, so all suppression operations stopped to help the down FF, allowing the fire to get into the garage. Two days spent in a completely wrong area. With the fires that I usually get involved with, if we used this methodology, we could dig for weeks before we talked with potential witnesses. This is obviously not a reasonable tactic.

I agree that there is no such thing as an error rate of zero. In fire investigation I don't think people are concerned about a instrumental/equipment error rate. People are calling for the error rates associated with an examiner and the methodology they use (which are likely two separate things). So how do you develop an error rate for those? Unless you send a significant number of fire investigators through a known test case, there really can't be an error rate, at least that I can come up with. Most studies in my opinion have too small of a sample size to apply a reasonable extra to the entire industry. I listened to a graduate student's dissertation a few years back where he based his opinion that the identification of artifacts on wiring (arc melting vs fire melting) was invalid, based on a sample size of about 30-60 subjects. And this was over the course of a three-year period. That can hardly be enough to be statistically valid.

I'm curious to see where things lead from here with the new edition of 921 hitting the street. There are some significant changes that I believe will negatively impact the industry, particularly the changes to arc mapping. I am curious how things will play out in court when experts don't follow the current edition because arc mapping has been lumped in with fire patterns - many experts disagree with this concept, so the courtroom will be an interesting venue to see these challenges play out.



Subject Views Written By Posted
  NC Law Review on Fire Investigation 900 CJN 08/31/2020 04:50PM
  Re: NC Law Review on Fire Investigation 537 cda 08/31/2020 07:42PM
  Re: NC Law Review on Fire Investigation 563 J L Mazerat 08/31/2020 08:58PM
  Re: NC Law Review on Fire Investigation 554 Chris Bloom, CJBFireConsultant 08/31/2020 09:35PM
  Re: NC Law Review on Fire Investigation 540 J L Mazerat 08/31/2020 11:59PM
  Re: NC Law Review on Fire Investigation 501 dcarpenter 09/01/2020 08:51AM
  Re: NC Law Review on Fire Investigation 477 CJN 09/01/2020 10:02AM
  Re: NC Law Review on Fire Investigation 483 Rsuninv 09/01/2020 10:13AM
  Re: NC Law Review on Fire Investigation 488 J L Mazerat 09/01/2020 11:20AM
  Re: NC Law Review on Fire Investigation 452 dcarpenter 09/01/2020 04:26PM
  Re: NC Law Review on Fire Investigation 463 Chris Bloom, CJBFireConsultant 09/01/2020 06:25PM
  Re: NC Law Review on Fire Investigation 467 John Lentini 09/02/2020 03:36PM
  Re: NC Law Review on Fire Investigation 474 Chris Bloom, CJBFireConsultant 09/03/2020 12:17AM
  Re: NC Law Review on Fire Investigation 508 CJN 09/03/2020 07:46AM
  Re: NC Law Review on Fire Investigation 444 Chris Bloom, CJBFireConsultant 09/03/2020 12:05PM
  Re: NC Law Review on Fire Investigation 481 Fire 09/07/2020 05:35PM
  Re: NC Law Review on Fire Investigation 503 Sir Gary 09/08/2020 02:25AM
  Re: NC Law Review on Fire Investigation 502 dcarpenter 09/08/2020 01:03PM
  Re: NC Law Review on Fire Investigation 470 Sir Gary 09/09/2020 02:14AM
  Re: NC Law Review on Fire Investigation 495 Fire 09/09/2020 11:14AM
  Re: NC Law Review on Fire Investigation 472 J L Mazerat 09/10/2020 09:26AM
  Re: NC Law Review on Fire Investigation 514 John Lentini 09/10/2020 07:37PM
  Re: NC Law Review on Fire Investigation 487 J L Mazerat 09/11/2020 07:17AM
  Re: NC Law Review on Fire Investigation 479 Chris Bloom, CJBFireConsultant 09/11/2020 01:02PM
  Re: NC Law Review on Fire Investigation 430 Fire 09/11/2020 05:02PM
  Re: NC Law Review on Fire Investigation 506 J L Mazerat 09/11/2020 06:55PM
  Re: NC Law Review on Fire Investigation 452 Chris Bloom, CJBFireConsultant 09/13/2020 09:16AM
  Re: NC Law Review on Fire Investigation 430 Fire 09/13/2020 09:40AM
  Re: NC Law Review on Fire Investigation 446 J L Mazerat 09/13/2020 09:57AM
  Re: NC Law Review on Fire Investigation 450 J L Mazerat 09/13/2020 09:46AM
  Re: NC Law Review on Fire Investigation 475 John Lentini 09/13/2020 10:11AM
  Re: NC Law Review on Fire Investigation 453 J L Mazerat 09/13/2020 10:58AM
  Re: NC Law Review on Fire Investigation 458 John Lentini 09/13/2020 10:11AM
  Re: NC Law Review on Fire Investigation 466 J L Mazerat 09/13/2020 11:21AM


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