LAWREADER'S PRACTICE TIP FOR ARSON CASES:

The U.S. Supreme Court has ruled that “junk science” should not be admissible at trial.  A procedure to test the reliability of so called expert testimony is called a Daubert test.

See LawReader’s topic: DAUBERT HEARINGS – STANDARDS, EXCEPTIONS, METHODS - Daubert requirements, citations, exceptions for BA tests, Paternity Tests, Fingerprints, Ballistics

In Kentucky the courts have been trying to limit the application of Daubert tests, but the principal still stands.  No one should be convicted on the basis of scientific myths.

When the prosecution calls a local “arson investigator” be very careful about reviewing his ability to competently testify.   Any testimony admitted by an expert may well convict the defendant, and if the investigator is not qualified, then not only is an injustice done, you are risking a malpractice claim.

You should always challenge any arson testimony about the cause of the fire.  The testimony should be closely examined to determine the training of the expert and the basis for his testimony.

The National Fire Protection Association has issued reports about a number of myths used by some investigators that are not based on good science.

We strongly recommend that you consult with an expert for the defense in any arson case.  In criminal cases you can ask the court to provide funds to secure the services of an expert witness if the defendant can not afford to employ his own expert.

See: EXPERT WITNESS RESOURCES Locate an expert witness on almost any topic

EXPERT WITNESSES -SELECTION, USE, PREPARATION, AND DEFENSE AGAINST

The state of Kentucky has persons designated to investigate all suspected arson fires.  You should closely examine this persons credentials before he is allowed to testify.  Many of them have little or no training.  Some come from local police backgrounds and some are just political appointees. You should demand a Daubert hearing, and if you fail to do this, you probably will not be allowed to raise the issue on appeal. PROTECT YOUR RECORD ...

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