A place to ask questions and add to probative and informative discussions associated with the various aspects of the field of fire investigation. -- FORUM RULES---BE CIVIL AND NO NAME CALLING, NO BELITTLING, NO BERATING, NO DENIGRATING others. Postings in violation of these rules can be removed or editted to remove the offending remarks at the discretion of the moderators and/or site administrator.
Re: 921 Level of Certainty
Posted by:
J L Mazerat (IP Logged)
Date: March 31, 2022 06:57PM
This term started with an attorney and then was picked up by the court system. The investigator is almost certain to be confronted with this when testifying. I think we see it in reports where there is an anticipation that the report will be used in court. I do not think it is a necessity in a report. I believe it is intended to impress the judge or jury as to the conclusion being at a higher level. The question is how it will be perceived if one tells the judge or jury, they are not willing to give a level of certainty while the opposing side does give one. If the person testifying refuses to give a level of certainty, then there need to be an explanation that the judge or jury will likely except for this refusal.
Jim Mazerat
Forensic Investigations Group