How Reliable is Fire Forensics?
Arson: if you’ve been charged with a crime related to fire, you could be facing an emotionally charged trial. That’s because the destructive powers of fire, impacting property and life itself, is difficult to ignore. Proving that a fire was arson as opposed to accidental, however, may not be as easy as it appears on tv.
Is the Science Trustworthy?
Fires are destructive: that means that along with structures, evidence relating to the initiation of the flames is also necessarily destroyed, leaving experts to piece together what’s left and make inferences about what happened. The fact is that accidental fires and those intentionally set tend to leave exactly the same kind of damage. Some critical problems related to fire investigation include:
- Evidence is ruined or diluted by the flames, fire retardant, or water used to combat the fire.
- Misunderstandings of complicated phenomena such as flashover, when an entire room becomes engulfed in flames, can result in mistaken conclusions related to the cause of the fire.
- Fire fighters, cleanup workers, and weather often compromise the scene by contaminating the evidence.
- Investigators may lack training in appropriate methodologies necessary to reach sound conclusions.
- Investigator bias can influence conclusions when assumptions are made about the cause of the fire.
- The validity of forensic science in this area is questionable.
Defending Charges of Arson
When defending charges of arson, an experienced criminal defense attorney knows that the prosecution must first prove that a crime occurred. Because the research that is peer-reviewed and valid is in short supply, officials may come to erroneous conclusions based on faulty reasoning. In fact, many experts report that generalizations that are used to conclude that accelerants were used in a fire are simply incorrect. Specific findings relating to certain phenomena should be questioned, as they are often misinterpreted:
- Concrete chipping;
- Crazed glass;
- Pour patterns;
- Metal thresholds that have melted;
- Doorways containing burn marks;
- Burned wood with blistering.
Investigator Reliability
A witness testifying on the origins of a fire will likely claim multiple certifications, even for attending just a week-long class and picking up a certificate for their time. It will be important to carefully examine the credentials of any so-called experts. The paucity of reliable methods and principles means that many fire investigators are not actually qualified to draw reliable conclusions. If a witness does have substantial training, if their conclusions were reached based partially on a defendant’s criminal record, financial records, potential motives, or emotional state, it’s a good bet that the science was too weak to rely on by itself.
Fighting for Your Rights
The penalties associated with arson charges are significant. At Lobo Law, we know that every defendant is entitled to a vigorous defense, regardless of the charges. To discuss your situation, schedule a confidential consultation with our Las Vegas criminal lawyers today.
Source:
digitalcommons.lmunet.edu/lmulrev/vol7/iss2/1/
