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Criminal Justice 3 > Arson > Flashcards

Arson Flashcards

1
Q

What is arson?

A

The malicious, willful burning of a building or property

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2
Q

What is arson a combination crime against?

A

Persons and property

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3
Q

What are the 4 classifications of fire?

A

Natural, accidental, incendiary, and undetermined

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4
Q

True or False: Fires are presumed natural or accidental unless proven otherwise.

A

True.

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5
Q

What is natural fire?

A

One caused without direct human action or interventions

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6
Q

Name at least one example of a natural fire (doesn’t have to be specific)

A

Fires caused by lightning, earthquakes, or other natural events

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7
Q

Can natural fires also be set by people? Why or why not?

A

Yes. Natural fires also include fires set intentionally to destroy refuse (garbage), weeds, or waste products in industrial processes to provide warmth.

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8
Q

What is an accidental fire?

A

Any unintentional fire.

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9
Q

Name at least one example of an accidental fire (doesn’t have to be specific).

A

A fire ignited by faulty wiring, leaking gas, carelessly tossed cigarette, overheated Christmas tree lights, children playing with matches, etc.

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10
Q

What is another word for incendiary fire?

A

Arson

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11
Q

What is an incendiary fire?

A

A fire ignited intentionally and maliciously under the circumstances in which the culprit knows that the fire should not be set.

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12
Q

What is a common purpose of incendiary fires?

A

Destroying property or buildings

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13
Q

What makes arson cases especially difficult?

A

Proof must be obtained the fire was not natural or accidental.

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14
Q

What is a fire of undetermined origin?

A

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

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15
Q

Laws have now extended arson to cover…

A

crops and the burning of one’s own property

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16
Q

Though the crime of arson varies in different states, what are 3 common elements of the crime?

A

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

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17
Q

Should you show a motive even if it’s not required by law?

A

Yes.

18
Q

What is the prime element in corpus delicti (body of crime)?

A

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.

19
Q

What are the classifications of arson?

A

Simple, aggravated, attempted, negligent

20
Q

What is simple arson?

A

Arson (by fire or explosives) that does not create imminent danger to life or risk of bodily harm.

21
Q

What is aggravated arson?

A

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.

22
Q

Who is often the prime suspect of arson?

A

The victim.

23
Q

What is a requirement of proving attempted arson?

A

You must show that the fire would have occurred except for some intervention.

24
Q

What is a negligent fire?

A

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.

25
Q

Who is mostly responsible for negligent fires?

A

People who leave smoldering campfires that cause forest fires.

26
Q

The Model Arson Law was written and promoted in the 1920s by the National Fire Protection Association (NFPA). According to this, what are the four degrees of arson?

A

1st degree: burning of dwellings
2nd degree: burning of buildings other than dwellings
3rd degree: burning of other property
4th degree: attempting to burn buildings or property

27
Q

Describe the typical male arsonist.

A

Raised in a broken/unstable home, with an extensive criminal history, below average intelligence, unmarried, socially maladjusted, or a loner, unemployed or working in an unskilled position, and is intoxicated at the time he sets the fire

28
Q

Describe the typical female arsonists.

A

Arsonists who usually burn their own property, female arsonists can typically be described as self-destructive, mentally defective, older, lonely, unhappy, and often have some psychotic problems, primarily schizophrenia

29
Q

Who are the predominant victims of juvenile firesetting?

A

Children. They account for 85% of victims.

30
Q

What are the statistics of juvenile firesetting?

A

Fires set by children and youth claim about 300 lives and destroy more than $300 million worth of property annually.

31
Q

What is the difference between fireplay and firesetting?

A

Fireplay conveys little intent to inflict harm and an absence of malice; rather, it involves curiosity and fascination.

32
Q

What are the 4 categories of firesetting?

A

1) Curiosity/experimental
2) Troubled/crisis
3) Delinquent/criminal
4) Pathological/emotionally disturbed

33
Q

What is a curiosity firesetter?

A

Mainy children between the ages of 2 and 10 who experiment with or cause accidental fires.

34
Q

What is a troubled/crisis firesetter?

A

Mostly boys of any age whose firesetting represents underlying psychosocial conflicts.

35
Q

What are delinquent/criminal firesetters?

A

Adolescents between 13 and 17 with a long history of undetected firesetting who start fires as acts of vandalism or malicious mischief, but always with intent to destroy.

36
Q

What are pathological/emotionally disturbed firesetters?

A

Firesetters of any age and any gender who typically display a chronic history of behavioral or social problems. Their actions result from psychosocial conflict and may be random, ritualized, or with specific intent to destroy property.

37
Q

What are common motives for arson?

A

Revenge, vandalism, crime concealment, profit and insurance fraud, extortion, pyromania, alcoholism, and mental retardation.

38
Q

What are strikers?

A

Also known as vanity arsonists, strikers are arsonists who try to obtain profit by stimulating business, eliminating business rivals, or securing employment.

39
Q

What is the MOST common motive for arson?

A

Revenge (insurance fraud comes second)

40
Q

What are 3 reasons professional torches extremely difficult to identify?

A

They have no link to the fire, the victim is the main suspect, and a guilty victim will typically have an ironclad alibi.

41
Q

Why might an unintentional firesetter not come clean?

A

They’re too embarrassed to admit it or fear that insurance will not cover the loss.

42
Q
A

Criminal Justice 3 (2 decks)

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