NCJ Number
74949
Date Published
1980
Length
114 pages
Annotation
This handbook is designed to give Texas prosecutors an understanding of the basic principles of fire and arson investigation and to acquaint them with some of the pitfalls commonly encountered in the trial of arson cases.
Abstract
The first four chapters give background information on arson, arson indictments, evidence under the 1979 amendment to the Texas law of arson, and fire-related agencies involved in arson investigation, including the office of the State Fire Marshal, the office of the County Fire Marshal, and fire investigation and fire suppression personnel. Fire suppression and insurance terminology are also explained. A separate chapter describes the chemistry, behavior, and causes of fire to help both prosecutor and fire cause investigator evaluate the sufficiency of the evidence, identify possible defense tactics, and plan trial strategy. The handbook also discusses the U.S. Supreme Court case of Michigan v. Tyler, considers some of the problems raised by its two-step approach to the warrant requirement in fire investigations, and makes some rules of thumb for coping with Tyler -- stay at the fire scene as long as possible, obtain a warrant before reentering the scene, and obtain a Subdivision 10 evidentiary warrant from a district or county court-at-law judge after discovering evidence and leaving the scene. In addition, steps in fire cause determination, fire scene security, and of information recording at the fire scene are presented for prosecutors to use as a checklist in compiling evidence. Evidence collection and preservation are covered in a section on preservation of physical evidence, scientific aids, and laboratory analysis. The major motivational categories for arson are outlined and described, including economic motives (e.g., fraud, business competition), emotional or psychological gratification (e.g. pyromania, spite, revenge); and concealment of crimes. A final chapter discusses preparation of the arson case for the prosecution and the anticipation of defense tactics, including admissibility, fourth amendment problems, and witness credibility. A sample report form for a suspicious or incendiary commercial fire is included.