I agree that it is used for both reasons. I do understand that there will be times when the investigator, based on known facts, does not know what took place. The present 921 fails to define undetermined. Because some investigators are being required to use this term, and the fact we have been teaching this term for decades as it relates to classification, there needs to be another word that can be used when describing a situation where the investigator does not know what took place based on current knowledge.

The present edition of 921, figure 19.2, gives a selection of three suggestions for a final hypothesis. These are Cause of Fire, Potential Causes, and Insufficient information to determine the cause. All they need to do is change 19.6.5.1’s title to Insufficient Information to Determine the Cause. Then change the end of the first sentence to “In circumstances where all hypotheses have been rejected, or if two or more hypotheses cannot be rejected, the only choice for the investigator is to conclude that there is insufficient information to determine the cause.

Presently, there is nothing to stop investigators from using this wording in place of undetermined. By doing this they will be less chance of a challenge from opposing attorneys as to the meaning of the term undetermined.

I have written the Standards Council addressing this subject. I hope other will do the same. If they do, then there is a chance the committee will issue an amendment to the present document to clarify this issue.

Jim Mazerat
Forensic Investigations Group