Arson Flashcards
What is arson?
The malicious, willful burning of a building or property
What is arson a combination crime against?
Persons and property
What are the 4 classifications of fire?
Natural, accidental, incendiary, and undetermined
True or False: Fires are presumed natural or accidental unless proven otherwise.
True.
What is natural fire?
One caused without direct human action or interventions
Name at least one example of a natural fire (doesn’t have to be specific)
Fires caused by lightning, earthquakes, or other natural events
Can natural fires also be set by people? Why or why not?
Yes. Natural fires also include fires set intentionally to destroy refuse (garbage), weeds, or waste products in industrial processes to provide warmth.
What is an accidental fire?
Any unintentional fire.
Name at least one example of an accidental fire (doesn’t have to be specific).
A fire ignited by faulty wiring, leaking gas, carelessly tossed cigarette, overheated Christmas tree lights, children playing with matches, etc.
What is another word for incendiary fire?
Arson
What is an incendiary fire?
A fire ignited intentionally and maliciously under the circumstances in which the culprit knows that the fire should not be set.
What is a common purpose of incendiary fires?
Destroying property or buildings
What makes arson cases especially difficult?
Proof must be obtained the fire was not natural or accidental.
What is a fire of undetermined origin?
A fire may be classified as undetermined for two reasons: 1) there is no evidence to indicate it was natural, incendiary, or accidental and 2) simply cannot be proven
Laws have now extended arson to cover…
crops and the burning of one’s own property
Though the crime of arson varies in different states, what are 3 common elements of the crime?
1) Willful malicious burning
2) Of another’s property or one’s own to defraud
3) Causing to be burned, or aiding, counseling, or procuring such burning
Should you show a motive even if it’s not required by law?
Yes.
What is the prime element in corpus delicti (body of crime)?
Burning. There must be more than one exposure to heat, although flames do NOT need to be visible nor the property destroyed. There must also be sufficient heating to the ignition point.
What are the classifications of arson?
Simple, aggravated, attempted, negligent
What is simple arson?
Arson (by fire or explosives) that does not create imminent danger to life or risk of bodily harm.
What is aggravated arson?
Arson by fires, explosives, or other infernal devices that create an imminent danger to life or great bodily harm in which the risk was known/reasonably foreseeable to the suspect.
Who is often the prime suspect of arson?
The victim.
What is a requirement of proving attempted arson?
You must show that the fire would have occurred except for some intervention.
What is a negligent fire?
A fire that burns/gets out of control through culpable negligence, creating an unreasonable risk and the likelihood of damage or injury to persons or property.