The Sequence of Event Analysis in Criminal Trials : Scientific Proofs for Tracking Criminal Liabilities in Complex Accidents and Disasters

This Book Presents A General Method That Lawyers, Prosecutors And Judges Can Follows To Assess The Quality And Scientific Content Of Technical Work Done For An Accident And Crime Scene Reconstruction. Using Multilevel Sequence Of Events Analysis Allows All Key Events To Be Fully Identified, Which In Turn Assists Judicial Bodies In Identifying Where To Assign Specific Criminal Liability. Created From A Concept Long Sought By The Two Authors (an Engineer And An Attorney), The Method Allows Readers Without Any Technical Background To Progress From An Examination Of Evidence Gathered At The Scene Of A Complex Accident And To Reconstruct Beyond Reasonable Doubt The Events That Took Place. Once Created And Scientifically Verified By The Sequence Of Events Analysis, The Chain Of Key Events Serves As A Reference Source For Various Levels Of Complex Organizations And Inter-organization Structures In Cases Involving Complex Criminal Responsibilities--back Cover. 1. On Judicial And Evidential Reasoning In The Field Of Industrial Accidents -- 2. An Introduction To Judicial Reasoning In Large Scale Industrial Accidents And Disasters -- 3. Causation By Scientific Laws -- 4. First Level Of Sequence Of Event Analysis -- 5. The Analysis Of Accidents Using A Multi-level Approach: Organizational Accidents -- 6. Multi-level Sea Analysis For Tracing Criminal Responsibility In Organizational Accidents -- 7. The Sequence Of Events Assisted By Computer Graphics: Two Case Studies. Fabrizio D'errico, Maurizio Dalla Casa. Extras Online--front Cover. Includes Bibliographical References. Preface 6 Contents 12 Part I: On Judicial and Evidential Reasoning in the Field of Industrial Accidents 15 Chapter 1: On Judicial and Evidential Reasoning in the Field of Industrial Accidents 16 Introduction 16 The Idea of Demonstration and the Three Forms of Reasoning 19 What Do We Mean by Scientific Method? 25 The Scientific Method Applied to the Reconstruction of Accidents: The First Foundations of the Scientific Character of Proof 31 Conclusions 36 Chapter 2: An Introduction to Judicial Reasoning in Large Scale Industrial Accidents and Disasters 38 The Explosion of the Space Shuttle Challenger 38 What Went Wrong at Kennedy Space Center 39 The Explosion in the Nuclear Power Station of Chernobyl 42 What Went Wrong in the Chernobyl Nuclear Plant 42 The Case of Iran Air Flight 655 44 What Went Wrong on Board Vincennes 45 The Causes of Failure: The Thread Connecting Large-Scale Accidents and Industrial Disasters 46 Introduction to General Principles of Causal Relationship in Criminal Law 49 Conclusions 51 Chapter 3: Causation by Scientific Laws 53 Introduction 53 Causal Relationship and an Accidental Sequence of Events 57 The Concrete Case Under Universal Laws 58 The Concept of Cause in Necessary and Sufficient Conditions 62 Causation in the Scientific Field 65 Conclusions 73 Chapter 4: First Level of Sequence of Event Analysis 74 Introduction 74 The Sequence of Event Method or First Level SEA 75 The Limits of First Level SEA 78 Conclusions 85 Part II: From Scientific Proofs to Reconstruction of Multilevel Liability Pattern in Organization 87 Chapter 5: The Analysis of Accidents Using a Multi-Level Approach: Organizational Accidents 88 Introduction 88 The Three Models of Organizational Accidents 90 The Organizational Accident Model as Applied to Collisions Between Aircraft Caused by an Incursion on a Runway 94 The Accident in Tenerife 94 The Accident in Los Angeles 96 The Accident in Linate Airport, Milan 98 The Three Levels of Failure in the Accident in Linate 99 Conclusions 101 Chapter 6: Multi-Level SEA Analysis for Tracing Criminal Responsibility in Organizational Accidents 104 Introduction 104 A Practical Application: The Case of the Accident in Tenerife 106 Brief Notes About the Origin of Sequence of Events 108 The Classification of Errors According to J. T. Reason 110 Management of Risk Using Root Case Analysis 111 Conclusions 112 Chapter 7: The Sequence of Events Assisted by Computer Graphics: Two Case Studies 113 Introduction 113 The Strange Case of Mr. J 115 The Technique of Animated 3D Graphics and the Sequence of Events to Verify the Hypotheses of Reconstruction in the Strange Cas... 118 The Reconstruction of the Virtual Scenario in 3D Graphics: Static Analysis 119 The Reconstruction of the Virtual Scenario in 3D Graphics: Dynamic Analysis 119 Verification of Hypothesis A Using the SEA Technique Assisted by 3D Computer Graphics 121 Verification of Hypothesis B Using the SEA Technique Assisted by 3D Computer Graphics 122 The Judge ́s Conclusions 123 The Integration of SEA with 3D Animated Computer Graphics: The Viareggio Railway Accident Reconstruction 124 The Hybrid Technique, 3D Scanner and Computer Graphics 131 The Last Frontier of Assisted SEA Analysis: Dynamic Hybrid Analysis in 3D Graphics and Its Verification Using Dynamic Multibod... 133 Conclusions 135 Front Matter....Pages i-xiii Front Matter....Pages 1-1 On Judicial and Evidential Reasoning in the Field of Industrial Accidents....Pages 3-24 An Introduction to Judicial Reasoning in Large Scale Industrial Accidents and Disasters....Pages 25-39 Causation by Scientific Laws....Pages 41-61 First Level of Sequence of Event Analysis....Pages 63-75 Front Matter....Pages 77-77 The Analysis of Accidents Using a Multi-Level Approach: Organizational Accidents....Pages 79-94 Multi-Level SEA Analysis for Tracing Criminal Responsibility in Organizational Accidents....Pages 95-103 The Sequence of Events Assisted by Computer Graphics: Two Case Studies....Pages 105-127