Volume 64, Issue 1 pp. 10-15
Critical Review

“Cannot Decide”: The Fine Line Between Appropriate Inconclusive Determinations Versus Unjustifiably Deciding Not To Decide

Itiel E. Dror Ph.D.

Corresponding Author

Itiel E. Dror Ph.D.

University College London, London, UK

Corresponding author: Itiel E. Dror, Ph.D. E-mail: [email protected]Search for more papers by this author
Glenn Langenburg Ph.D.

Glenn Langenburg Ph.D.

Elite Forensic Services, LLC, Saint Paul, MN

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First published: 05 July 2018
Citations: 56
The views and opinions expressed in this study are those of the authors alone and do not necessarily reflective any agency or expert working group whom the authors are part of.

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Abstract

Inconclusive decisions, deciding not to decide, are decisions. We present a cognitive model which takes into account that decisions are an outcome of interactions and intersections between the actual data and human cognition. Using this model it is suggested under which circumstances inconclusive decisions are justified and even warranted (reflecting proper caution and meta-cognitive abilities in recognizing limited abilities), and, conversely, under what circumstances inconclusive decisions are unjustifiable and should not be permitted. The model further explores the limitations and problems in using categorical decision-making when the data are actually a continuum. Solutions are suggested within the forensic fingerprinting domain, but they can be applied to other forensic domains, and, with modifications, may also be applied to other expert domains.

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