An Ethical Treatise in Fire and Explosion Investigation - Essay Example

An Ethical Treatise in Fire and Explosion Investigation A Discussion Paper Introduction When we have to tell what we have seen and found, it is our business to give a true account, disguising nothing and keeping nothing back. But let us be careful not to speak as if our little plummets had sounded the depth of the universe (Prins 1973, 15). Scene investigations are normally hazardous, drawn out and performed under severe media coverage. Irrespective of which service deals with the scene at the outset, the objectives should be to help those needing assistance and to lessen the possibility of further damage and/or injury in an ethical manner (Horswell 2004). Unfortunately, this can usually imperil important physical evidence (Lentini 2006). It is hence vital that emergency services members are knowledgeable of, and employ, methods which are not merely effective, but deter unethical damage to the people, surroundings, and structure. This essay will discuss the ethics of fire and explosion investigation with regard to security of the scene, health and safety concerns, scene recording, and some other methods of forensic investigation. Security of the scene Once a scene has been secured, the investigation of proofs of cause can begin (Daeid 2004). This can range from a fairly easy undertaking where the damage or the larger scene is minimal, to the most difficult challenge requiring separating apparatus, larger numbers of investigators, examining grids, etc (Daeid 2004). In an explosion incident, the secured area should consist of both the main recovery area and the defence zone (Zonderman 1999). The main recovery area will extend to the point of the outermost projected point or portion of fire damage, whilst the defence zone should go beyond this expanse by one half, so as to facilitate preliminary underestimation and to restrain the possibility of removal of, or damage to, physical evidence (Horswell 2004). In a number of cases, specifically where there are directional features to the explosion, the secured zone may not be circular (Pepper 2005). Furthermore, it may be necessary in several situations, to restrict the size of the buffer area or to lessen it at certain points (Horswell 2004). For instance, this may be reasonable if a slight decrease in the buffer area would facilitate the operation of a railway line or where the impacts of the fire have been somewhat limited in a structure. In the instances of fires, the limits to the scene are fairly simpler to delineate (Horswell 2004). For fires in buildings, the whole structure should be protected because proofs of minor fires or deactivated ‘time-delay ignition devices’ (p. 73) may be present. Likewise, for fires in caravans, automobiles, and ships, the scene boundaries are commonly evident after taking into account the situations and damage (Daeid 2004). Health and Safety Concerns Before any scene investigation, a secure work environment should be ethically assured (Lentini 2006). For explosion scenes where it is not directly apparent that the source was unintended, skilled and knowledgeable bomb technicians should make the scene secure and make sure whether other loose explosives or devices may be present. In scenes of fire and explosion, the peril of structural disintegration should be taken into account (Pepper 2005). The clearing and investigation of explosion and/or fire scenes involves ethical, appropriate, and individual action (Horswell 2004). Nevertheless, in each circumstance, the possibility of disorder and contamination should be thoroughly taken into account; in this specific case, the possibility of ‘sample contamination with petroleum products’ (p. 73) was great, but inevitable given the nature and quantity of the materials which required elimination before the analysis of the detected fire source (Horswell 2004). Protective clothing, such as appropriate footwear and headdresses, is vital. A major peril in the investigation of explosions and fires in buildings is the danger of injury brought about by falling building materials (Daeid 2004). Although the safety headdress will shield the head, there remains great danger to the shoulder and back areas, specifically during excavations (Daeid 2004). Likewise, smashed flooring suggests a safety risk. Although the hazard of falling through floors is apparent, there is an elevated risk when basements and underground rooms are present (Zonderman 1999). Furthermore, after fire fighting missions, these underground spaces can fill with water hence creating more danger for investigators and searchers burdened with defensive clothing (Pepper 2005). Once the investigation begins, specialist knowledge will be needed to examine the cause of the occurrence. Nonetheless, these investigators should constantly be aware of the potential existence of more common scene evidence such as blood stains, point-of-entry evidence, fingerprints, etc (Pepper 2005). Consequently, all investigators of explosion and fire scene should have comprehensive crime scene experience, exposure, and training besides their specific field of expertise (Lentini 2006). This creates a suitably skilled and qualified crime scene investigator perfect for ethical requirement in explosion and fire scene investigation. Scene Recording The significance of truthful scene documentation of fire and explosion scenes, as with every possible crime scene, should not be underestimated or overemphasised (Lentini 2006). Documentations will usually include photographs, sketches, notes and, under specific instances, video recording. It is crucial that both video and still pictures are acquired over scene from either a helicopter or a plane (Lentini 2006). The preference of which is quite dependent on the scene (Horswell 2004). The method employed for sketches and notes can be in accordance to employees’ preferences, provided that all important information is taken in (Bloom & Bloom 1996). For instance, haste or speculation in carrying out a fire investigation can lead to the incorrect blame of a person or product merely due to his/her or its proximity in the area of origin. Insurance companies and manufacturers, who previously would eagerly disburse a claim, are adopting a strong position and forcing the petitioner to verify a case prior to tendering a settlement (Bloom & Bloom 1996). Numerous insurance companies rely entirely on fire departments to give a fire report containing the cause of the incident, and make use of that data as prima facie proof that an electrical unit went haywire (Pepper 2005). Yet, the scenario as reported on scene documentation may not be truthful. Commonly, a product is included as source without a systematic and full scene investigation, and the removal of other potential causes (Bloom & Bloom 1996). The following is a case in point of the essence of determining the fire’s geographical location. In frigid environments, heating tape is devised to thaw gutters and roofs. A fire in moderate environment, which is blamed on this product, should be questioned. Does the examiner have adequate knowledge of the specific device? The examiner should have read or heard of related fire incidents, but is not knowledgeable of the inherent situations involved for this kind of fire to take place (Bloom & Bloom 1996); finding out if the fire agency is a volunteer or compensated is another vital issue. In an unpaid fire agency, the fire investigator may have another full-time occupation, and not have a great deal of time to spend in fire investigation-related mission (Prins 1973). Moreover, there may not be enough fire accidents in the area to afford chance to gain experience. There could be little or no training in fire investigation in the individual’s background, but the investigator is obligated by state laws to provide an origin in all fire incidents (Lentini 2006). There also may be pronounced community demand to provide a source other than ‘unidentified’ or ‘electrical’ (Daeid 2004). It is very essential for an insurance company or lawyer to ask the origin and source examiner or fire agency assessor about previous background and training with regard to faulty products (Bloom & Bloom 1996). It is not ethically permitted to threaten or alienate the examiner if that individual has reliably experience (Bloom & Bloom 1996). Another vital question for lawyers or insurance companies is how many times before this accident the private investigator or fire agency has charged a specific product or individual as source (Horswell 2004). For example, Joseph Bloom’s organisation was ‘retained in a fire case by a manufacturer, as the burn patterns observed clearly did not match the scenario the plaintiff claimed’ (Bloom & Bloom 1996, 23). At some point in the final courtroom statement by the fire specialist of the claimant, it was found out that this specialist had charged the same product as source several times, and operated almost wholly for the same insurance company of the claimant (Bloom & Bloom 1996). Impartiality, objectivity, and care are vital in every fire investigation. The credibility, integrity, thoroughness, and ethical standards of the investigators are at risk whenever an individual or product is charged as source. The primary single component in determining the source of any fire is to distinguish its point of origin – the exact location where it began (Lentini 2006). To accomplish this, fire investigators should examine the damage pattern of the fire, the manner in which it has swelled three-dimensionally, proportionate to the identified facts, with the circumstances prior to the fire, the material stockpiled in the areas or the kinds of substances, their location in the building and the tools or materials utilised in the building of the structure itself (Prins 1994). The experienced and trained fire investigator will document such aspects as the condition and position of doors and windows, specific noises and smells, the pattern of the damage to the structure, the shape of the building, the colour and odour of the flames, and the pressure and colour of the smoke, and others, so that when the flames has been killed, either s/he alone, or in cooperation with a more specifically trained associate, will try to determine the source of the fire (Prins 1994). In order to ethically ascertain the cause of a fire incident, a form will be filled up by an authority of the fire department at the scene. This will document cases believed to be of suspicious or malicious source (Lentini 2006). If the authorities attending the fire ‘at that moment’ are uncertain of its source or if there are casualties involved, more expert fire investigators may be summoned to help. If arson is believed, the law enforcers will also be called in and a ‘scene of crime’ authority will usually be requested to attend (Pepper 2005). If needed, and after discussion, the Criminal Investigation Department (CID) may also be summoned. All these tasks apparently involve harmonious and thorough deliberation and cooperation at all levels of the investigation (Horswell 2004). Law enforcers are given with clear courses of action in this regard in Home Office Circular 106/92 (Prins 1994, 29). The ethical procedures that should be taken regarding cooperation with the fire service are explained thoroughly in paragraphs 1-7 (Prins 1994). More particular ethical issues regarding forensic investigation and searching are addressed in paragraphs 8-10, as stated (Prins 1994, pp. 29-30): (8) the senior fire officer and the police investigating officer will be aware of the potential contribution which the forensic science service can make to a fire investigation. It is the responsibility of the police investigating officer, in consultation with the scene of crime officer, to determine whether a forensic scientist should attend the scene; (9) the Forensic Science Service is now an Agency of the Home Office. Its fire investigation services are available to the police and other investigating agencies, such as fire brigades. Its staff are available to attend fire scenes if requested to do so and to analyse fire debris for the presence of accelerants. It is particularly important for forensic scientists to attend scenes when it is anticipated that a prosecution may result from the investigation; (10) the vital importance of scene preservation and/or the collection of evidence for subsequent scientific/technical investigation by the forensic science service cannot be over-emphasised. UK’s Forensic Science Service exists to help law enforcers and courts with crime investigation (Daeid 2004). Even though a forensic scientist examining fire incidents will convey his/her scientific knowledge and objectivity to tolerate the problem, s/he will not fail to remember the core human component present in the effects of a fire incident on its victims; consequences that are usually disastrous (Daeid 2004). In truth, such awareness will undoubtedly motivate the investigator to enhance his/her talents, especially in those instances where major foul play or deception is suspected. S/he will also be aware of the potential disturbing consequences of incidents on people who are first on the scene— law enforcers and rank-and-file fire authorities, for instance (Zonderman 1999). Such personnel might endure post-traumatic stress disorder (PTSD) (Prins 1994). The disastrous outcomes of fire are summed up in heart-rending way in several lines by Charles Clisby—a highly trained and qualified fire authority (Prins 1994, 30): A child cries loudly in the night, its mother sharply coughs, For death has made an early start, at kind and creed it scoffs. Lost race against a ticking clock to infant’s cot is run, Loved one is gathered up, the last maternal act is done. The infant and its mother soon unconscious of their doom, Await the gasping firemen in a corner of the room. It is possibly important to note at this point that Woodward has indicated more may be carried out by the senior management of agencies to initiate their own initial examinations of all incidents; reporting truthfully and reliably any suspicious behaviours and attacks to the authorities (Pepper 2005). He also argues in the same discourse that training in fire investigation could well be extended and more thorough and that the Fire Protection Association (Pepper 2005), along with the different officers involved, is aggressively advocating a greater awareness of this ethical requirement. Conclusions Fire and explosion investigation is a challenging and scrupulous mission, specifically in the case of those fire incidents that are believed to involve ethical issues or malicious source. It involves a very high level of objective and perceptive observation, vigilance, scientific knowledge and ability for excellent collaborative work. Such characteristics, used appropriately, expediently, and ethically may afford crucial early evidence to the intentions and activities of those who start explosions and/or fires criminally. Basically, the essay argues that fire investigators should conform to the following code of ethics in fire investigation: address the general public in a sympathetic and professional way without prejudice, conflict, misinformation, or misrepresentation; exercise prudent in the reporting of information and conduct of business; conduct, promote, and publicise business activities in a way that shows fairness, truthfulness, self-determination, and professionalism; avoid making offensive remarks regarding the professional judgment of individuals in the related fields; help the public in understanding and acknowledging the need for a trained investigation, irrespective of the inspector or agency assigned to carry out the investigation; cultivate a competitive market and stay away from activities at odds with public welfare; serve in the profession and client’s interest, to sustain and enhance their level of understanding concerning new advances in the field; sustain self-determination from external goal and influence, which would reduce the capability of providing a fair judgment on any investigation carried out; and most importantly, inform the client of the possible clash of interest as immediately as the investigator gets informed of such conflict. It is greatly in essence for fire investigators to pledge to the sustained quest for justice, competence, knowledge, integrity, and morality needed to build and sustain the trust of the public and vocation. References Bloom, C. & Bloom, J., 1996. Fire Investigation Ethics and Product Liability. Fire and Arson Investigator, 47(2), 22-23. Daeid, N.N., 2004. Fire Investigation. London: Taylor & Francis. Horswell, J., 2004. The Practice of Crime Scene Investigation. London: Taylor & Francis. Lentini, J., 2006. Scientific protocols for fire investigation. London: Taylor & Francis. Pepper, I.K., 2005. Crime Scene Investigation: Methods and Procedures. Maidenhead, England: Open University Press. Prins, H.A., 1973. Criminal Behaviour: An Introduction to its Study and Treatment. London: Pitman. Prins, H., 1994. Fire-Raising: Its Motivation and Management. London: Routledge. Zonderman, J., 1999. Beyond the Crime Lab: The New Science of Investigation. New York: John Wiley & Sons. Read More