Since 2016, NIST and OSAC has not come up with wording to be used by an expert to replace to a reliable degree of scientific certainty. Here is just one suggestion to accomplish that task.

One my want to use the word “confidence” of the word “certainty”. In your report one can use the wording, “This conclusion is based on a level of confidence achieved using an accepted systematic method for conducting investigations and on the known evidence acquired during the investigation.” Yea, this is longer but it does give the judge and jury a level they can relate to and how your reached that level.

The first think you will achieve by using the word confidence is that this word invites the listener into the conversation. The word certainty excludes mutuality. When using the word certainty, one is putting on a set of blinders. It is putting a divider between the persons communicating. This is the last thing one is attempting to achieve when testifying. The idea of the testimony is to invite the person into the conversation. You want them to feel as is they are part of the conversation. When one uses the word confidence, they you are accomplishing the first goal of communication.

Confidence allows for fallibility and flexibility, and therefore helps you to develop trust with your audience. Think of the sometimes-off-putting perfectionism and certainty, versus the humility and benevolent confidence.

Maybe we can learn from a person whose job it was to convince others that her position was correct. Madeline Albright said, “Certainty comes from believing we have learned all there is to know. Confidence comes from the effort to learn all we can.”

Jim Mazerat
Forensic Investigations Group