화재조사/화재조사관련 기사

미국화재폭발조사관의 미국내 영향도(NFPA)

나무에게-- 2013. 8. 27. 13:41

1- Is the NFPA 921 has influenced court decision in U.S.A.?

Very much so. NFPA 921 urges the use of the scientific method. Any fire investigator who wants to have any credibility with a jury states that s/he has followed 921, and therefore has followed the scientific method. Investigators who really haven't followed the scientific method can have their testimony excluded. See, Benfield v. Michigan Millers Mutual, a case ruled on by the 11th Circuit court of Appeals in May of this year. U.S.C.A. No. 97-2138

2- What is the impact of the NFPA 921 on fire and arson litigations?

It has had a major impact in many cases, and is almost always brought up in fire cases where two fire investigators disagree as to cause, origin, or spread.
John J. Lentini, Certified Fire Investigator
Fellow, American Board of Criminalistics

There is no more open door by which you can enter into the study of natural philosophy than by considering the physical phenomena of a candle. There is not a law under which any part of this universe is governed which does not come into play, and is not touched upon, in these phenomena.

--Michael Faraday

3. NPFA 921 has impacted American fire investigators in a positive and negative way.

Negative-civil attorneys primarily used the guide against the unprepared fire investigator. Some public (criminal) attorneys also did this. While this was happening, the courts were also demanding that expert witnesses give scientific testimony. 921 promotes this so 921 was referenced by many attorneys in both civil and criminal court cases.

921 has tremendously impacted fire litigations. More and more attorneys are becoming intimate with it and using it:
1) to enhance their understanding of the science
2) to tear down the opposing counsel's fire expert
3) but rarely, to petition the court, stating that the fire investigator'' opinion is not scientific and asking the court to prevent the testimony.