Managing Arson Control Systems - A Study of Arson and Anti-Arson Efforts in a Selected Sample of Jurisdictions, Volume 4 - Arson Prosecution

• NCJ Number: 97632
• Author(s): H C McClees; A J Decker; D J Carpenter
• Date Published: 1982
• Length: 102 pages
• Grant Number(s): 79-NI-AX-0119
• Sponsoring Agency: National Institute of Justice (NIJ); US Dept of Justice NIJ Pub
• Corporate Author: International Assoc of Fire Chiefs
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

This text examines the arson investigation aspects of arson control, discusses adult and juvenile prosecution for arson, and analyzes arson law.

Abstract

Attention is focused on common law and on statutes that have expanded the common law definition of arson. Indictment for the crime of arson is shown to require an allegation of all the essential elements of arson: that there was a burning and that it was done willfully and maliciously. Moreover, if a particular arson statute makes ownership or possession an element of the defense, the ownership or possession of the property burned must be stated. The elements of the corpus delicti of the crime of arson are discussed; the need for the prosecution to show the criminal connection of the accused with the burning is cited. Defenses of the accused are reviewed, and arson-for-profit and insurance fraud are examined. The text examines the potential effectiveness of proposals for statutory revision of arson laws in 10 States. Arson laws in Arizona, California, Maryland, Michigan, North Carolina, Ohio, Oregon, Pennsylvania, Texas, and Virginia are analyzed; State-by-State comparison of hypothetical arson fires to the degree of crime chargeable and punishment taken is also included. Also explained are documentation of a case for prosecutors. Case screening procedures are also addressed. One exhibit and 12 tables are provided.