John:

I agree, with some of what you say and like others wish everything was black and white, but I know it will never be that way. I hope every investigator would say, in answering your question, they are on the side of what is right and making the correct call based on all the evidence available. It is the expert’s job to answer questions honestly and truthfully to the best of his or her knowledge. I do understand that there will be differences in the conclusions reached based on a number of different factors, which include the data reviewed, knowledge, education, and experience. In the perfect world, the jury gets to see all evidence available so they can make a decision as to a person’s or company’s responsibility.

As I am sure you knew when you took time to formulate the questions for this post, there is not one easy answer to all your questions. A person must consider in each case how both ethical and legal factors dictate what actions they are to follow in addressing the actions they would take on each of the questions posed. The best answer to all your questions is what ever side you are on, you should take the actions that meet the legal and ethical requirements of your profession.

Jim