John:

I got to agree with you after doing some research but for a different reason.

You are correct that the term does not have a definition but as I explained in a previous post the individual words do.

The fact that all are concerned with how the words we use are perceived by the judge and jury. After doing some research and reading papers on the subject there is reason to stop using the word certainty.

The word certainty appears to have a negative connotation. To those you are communicating with it set up a block. One main thing we must understand is that certainty is a feeling not a fact. It appears by using that term we were using certainty as a fact. The certainty must be based on facts and not one’s profession.
It is not unusual for a person to crave certainty and then want to express that to others. The question is are we using the word more to make us feel good about our opinion rather than stating a fact.

If we are looking to clarify to others the strength of our opinion, we need to choose words with the proper meaning. Is there a better word to use other than certain.

Certain indicates absolute. This means there is not room for other opinions. I looked at an expert that said he was certain as to his opinion and then said he would be willing to consider new evidence that may change his opinion. His certainty was only based on the evidence he reviewed but it was not an absolute as he initially indicated. Had the person said the certainty of his opinion is based on the evidence he viewed it would have explained who the certainty was determined.

The more I read the more I like the statement, “The confidence of my conclusion is clear and convincing based on the evidence reviewed.

I am sure someone can come up with better wording.

Jim Mazerat
Forensic Investigations Group