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Re: 921 & arson
Posted by:
dcarpenter (IP Logged)
Date: March 29, 2022 08:21AM
"... You see under the public sector we have to prove beond a reasonable doubt the cause of the fire, while the private sector in a civil case only has to prove probable cause. To me 921 has all but eliminated proving beond a reasonable doubt. As we all know the scientific method only allows you to disprove a hypotheses & has no way to prove one..."
If you reliably apply the SM with the available evidence to reach a reliable determination that is uniquely consistent with the available evidence, you will have produced a reliable determination with a reasonable degree of scientific certainty. This rises to the threshold of "proven beyond a reasonable doubt." The history of 921 actually shows the document has strengthened the reliability of determinations of incendiary fires. It has been shown through post-conviction cases that the reliability of previous arson determinations were deficient. Yes, perhaps, harder to determine an incendiary fire, but more reliable.
"...Under the scientific method ALL fire causes will have to be undetermined as the door must be left open indefinitely to allow for future evidence & data. We must also prove the first fuel ignited & the heat source The fuel isn't usually that hard as evidence is left but the heat source is another story. A simple paper match is almost imposable for the BEST investigator to locate in debris..."
I question your first statement. This is not how the SM is reliably applied to the investigation of fire and explosion incidents. You must identify the three elements of the fire cause including the competent ignition source for the first fuel ignited to determine the Fire Cuase. There is also the situation where the Fire Cause is undetermined, yet an incendiary fire can be determined based on evidence that implies intent to start a fire where one was otherwise not going to occur. This if the chapter on incendiary fires. Again, I question your statement as to how the SM is applied to origin and fire cause determinations.
"... A solid confession almost a necessity to prove your case. Now the latest is to strike undetermined from the book. It seems to me the committee is just playing on words now that the document is in place..."
A reliable confession to be used as evidence, in practice, in a court of law, in front of a jury, may be necessary, but it is not a required element of reaching a reliable determination of an incendiary fire using a reliable application of the SM. The 921 document provides a decent explanation of the SM, but it is still not well-written with respect to providing fundamental knowledge of how to reliably apply the SM.
Douglas J. Carpenter, MScFPE, CFEI, PE, FSFPE
Vice President & Principal Engineer
Combustion Science & Engineering, Inc.
8940 Old Annapolis Road, Suite L
Columbia, MD 21045
(410) 884-3266
(410) 884-3267 (fax)
www.csefire.com