When an examiner expresses an opinion along the lines of ‘the findings support one proposition over another proposition’, a question often follows. Specifically, does that opinion mean ‘it is more likely than not that the favoured proposition actually happened’?1 The short answer is “no, it does not mean that.” At least, not necessarily.
In order to reach such a conclusion one must consider information that goes beyond the FDE evidence. As a rule, any opinion I provide will be constrained to the probability of the findings/observations in terms of one of at least two possible explanations.2 Ultimately, equating the two statements is inappropriate because they are not equivalent.3Read more