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Re: 921 Level of Certainty
Posted by: CJN (IP Logged)
Date: March 23, 2022 08:54PM

I'll throw the hand grenade into the room...

I would urge everyone to see the memo below
[www.justice.gov]

The U.S. Department of Justice has mandated that the phrase "reasonable degree of scientific certainty" and it's variations will NOT be used in reports or testimony by federal investigators. Here are some excerpts from that memo:

"Forensic discipline conclusions are often testified to as being held “to a reasonable degree of scientific certainty” or “to a reasonable degree of [discipline] certainty.” These terms have no scientific meaning and may mislead factfinders about the level of objectivity involved in the analysis, its scientific reliability and limitations, and the ability of the analysis to reach a conclusion."

"Neither the Daubert nor Frye test of scientific admissibility requires its use, and consideration of caselaw from around the country confirms that use of the phrase is not required by law and is primarily a relic of custom and practice. There are additional problems with this phrase, including:

• There is no common definition within science disciplines as to what threshold
establishes “reasonable” certainty. Therefore, whether couched as “scientific certainty” or “[discipline] certainty,” the term is idiosyncratic to the witness."

If there's no definition of reasonable degree of certainty, how can that phrase be used reliably? If we stick with more probable than not, we are left with up to a 49 point swing since anywhere between 51 and 100 percent is more probable than not.

Uniquely consistent with the evidence makes sense to me.

I think the issues mentioned previously with respect to 921 leaving text related to classification or levels of certainty after the Classification chapter was removed were merely oversights. Having been involved with task groups recently, I have seen how easy it is to get focused on one section and miss references in other areas of the book.



Subject Views Written By Posted
  921 Level of Certainty 559 J L Mazerat 03/01/2022 10:41AM
  Re: 921 Level of Certainty 322 J L Mazerat 03/03/2022 08:27AM
  Re: 921 Level of Certainty 346 dcarpenter 03/03/2022 10:28AM
  Re: 921 Level of Certainty 326 J L Mazerat 03/04/2022 09:52AM
  Re: 921 Level of Certainty 311 dcarpenter 03/10/2022 11:50AM
  Re: 921 Level of Certainty 290 J L Mazerat 03/12/2022 09:10AM
  Re: 921 Level of Certainty 282 dcarpenter 03/14/2022 02:54PM
  Re: 921 Level of Certainty 266 J L Mazerat 03/15/2022 10:06AM
  Re: 921 Level of Certainty 275 dcarpenter 03/15/2022 07:27PM
  Re: 921 Level of Certainty 269 J L Mazerat 03/16/2022 12:58PM
  Re: 921 Level of Certainty 264 dcarpenter 03/17/2022 02:35PM
  Re: 921 Level of Certainty 260 J L Mazerat 03/18/2022 09:07AM
  Re: 921 Level of Certainty 262 dcarpenter 03/18/2022 10:51AM
  Re: 921 Level of Certainty 262 J L Mazerat 03/19/2022 12:06PM
  Re: 921 Level of Certainty 255 dcarpenter 03/21/2022 10:42AM
  Re: 921 Level of Certainty 234 J L Mazerat 03/21/2022 05:09PM
  Re: 921 Level of Certainty 238 dcarpenter 03/22/2022 08:46AM
  Re: 921 Level of Certainty 234 dcarpenter 03/22/2022 09:00AM
  Re: 921 Level of Certainty 232 J L Mazerat 03/22/2022 11:48AM
  Re: 921 Level of Certainty 245 J L Mazerat 03/22/2022 11:41AM
  Re: 921 Level of Certainty 235 dcarpenter 03/22/2022 01:16PM
  Re: 921 Level of Certainty 237 J L Mazerat 03/22/2022 02:32PM
  Re: 921 Level of Certainty 257 J L Mazerat 03/19/2022 09:37AM
  Re: 921 Level of Certainty 293 dcarpenter 03/19/2022 10:04AM
  Re: 921 Level of Certainty 253 J L Mazerat 03/19/2022 08:30PM
  Re: 921 Level of Certainty 255 dcarpenter 03/21/2022 10:47AM
  Re: 921 Level of Certainty 241 J L Mazerat 03/21/2022 05:16PM
  Re: 921 Level of Certainty 249 dcarpenter 03/22/2022 08:56AM
  Re: 921 Level of Certainty 242 J L Mazerat 03/22/2022 11:45AM
  Re: 921 Level of Certainty 260 dcarpenter 03/22/2022 01:21PM
  Re: 921 Level of Certainty 239 J L Mazerat 03/22/2022 02:36PM
  Re: 921 Level of Certainty 243 dcarpenter 03/22/2022 03:18PM
  Re: 921 Level of Certainty 235 J L Mazerat 03/22/2022 05:41PM
  Re: 921 Level of Certainty 244 J L Mazerat 03/22/2022 07:35PM
  Re: 921 Level of Certainty 268 J L Mazerat 03/20/2022 10:40AM
  Re: 921 Level of Certainty 272 cda 03/20/2022 08:27PM
  Re: 921 Level of Certainty 263 J L Mazerat 03/21/2022 08:32PM
  Re: 921 Level of Certainty 252 cda 03/22/2022 09:54AM
  Re: 921 Level of Certainty 251 J L Mazerat 03/23/2022 10:57AM
  Re: 921 Level of Certainty 259 CJN 03/23/2022 08:54PM
  Re: 921 Level of Certainty 257 dcarpenter 03/29/2022 08:26AM
  Re: 921 Level of Certainty 258 dcarpenter 03/29/2022 08:31AM
  Re: 921 Level of Certainty 246 J L Mazerat 03/29/2022 10:55AM
  Re: 921 Level of Certainty 250 J L Mazerat 03/29/2022 10:51AM
  Re: 921 Level of Certainty 264 John Lentini 03/31/2022 03:38PM
  Re: 921 Level of Certainty 269 J L Mazerat 03/31/2022 06:57PM
  Re: 921 Level of Certainty 268 John Lentini 04/01/2022 10:12AM
  Re: 921 Level of Certainty 240 J L Mazerat 04/08/2022 08:37AM
  Re: 921 Level of Certainty 265 J L Mazerat 03/24/2022 02:47PM
  Re: 921 Level of Certainty 258 J L Mazerat 04/07/2022 10:34AM


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