How Reliable is Fire Forensics?
If you’ve been charged with arson, a trial could be emotionally charged. The destructive clout of fire, with its impacts on property and life itself, is impossible to ignore. Proving that a fire was arson, not simply a tragic accident, however, is not necessarily as easy as it appears on tv.
Can We Trust Conclusions?
Fires are devastating: along with structures, evidence relating to the initiation of the flames is also likely destroyed, leaving experts to examine what’s left and make inferences about what could have happened. But accidental fires and those that are intentionally set tend to leave exactly the same kind of damage. Some serious issues related to fire investigation include:
- Evidence is ruined or attenuated by flames, fire retardant, and/or water used to combat the fire;
- Misinterpretations of difficult phenomena such as flashover (when an entire room becomes engulfed in flames) can lead to inaccurate conclusions as to the cause of the fire.
- Fire fighters, cleanup crews, and even weather often compromise the scene by contaminating any evidence.
- In some cases investigators lack training in appropriate methodologies that are essential to reaching reliable conclusions.
- When assumptions are made about the cause of the fire due to investigator bias, conclusions may be incorrect.
- The validity of forensic science in this area continues to be questionable.
Defending Charges
Any experienced criminal defense attorney knows that the prosecutor must prove that a crime occurred before leveling charges of arson. Because valid, peer-reviewed research is in short supply, officials may come to flawed conclusions based on defective reasoning. The truth is, more than a few experts in the field have concluded that generalizations that are used to conclude that accelerants were used in a fire are simply incorrect. Specific findings relating to certain phenomena are frequently misinterpreted, and should therefore be questioned. These phenomena include:
- Burned wood with blistering;
- Concrete chipping;
- Pour patterns;
- Melted metal thresholds:
- Doorways containing burn marks;
- Crazed glass.
Investigator Reliability
An expert witness testifying on the origins of a fire may claim multiple certifications, even for attending just a week-long class and collecting a certificate for it. A defense attorney must vigilantly scrutinize the credentials of any so-called experts. The lack of reliable methods and principles in the field means that many fire investigators are not actually qualified to draw dependable conclusions. If a witness lacks considerable science-based training, and if their conclusions were reached based partially on a defendant’s potential motives, criminal record, financial records, or emotional state, it’s entirely possible that the science was too weak to rely on by itself.
Fighting for Your Rights
The penalties associated with arson charges are significant. At Salazar & Kelly, our Kissimmee and Orlando criminal defense lawyers know that every defendant is entitled to a vigorous defense, regardless of the charges. To discuss your situation, schedule a confidential consultation in our office today.
Source:
digitalcommons.lmunet.edu/lmulrev/vol7/iss2/1/
