Exam 5 - Arson Flashcards
Billy Bob set fire to Brunswick Elementary School and as a result, ended up injuring a firefighter who responded to the scene. Upon prosecution for 844(f), Billy Bob’s sentence would be no less than _______ years in prison
a. 5
b. 7
c. 10
d. 20
b. 7
Penalties for 844(f):
- Not less than 5 years
- With injury - not less than 7 years
- with death - not less than 20, up to life
Billy Bob was found to have set fire to Brunswick Elementary School. He would likely be charged with:
a. 844(i)
b. 844(f)
c. 922(g)
d. 844(h)
b. 844(f)
An elementary school is an organization receiving federal financial assistance. Other examples would be universities, hospitals, police departments, etc.
According to ATF Order 3320.1D, ATF Management is permitted to release certain information to insurance companies to help them settle claims. Which of the following is an example of information they CANNOT give?
a. Opinions on nature of the fire
b. Depleted inventories
c. Tax information
d. Laboratory reports
c. Tax information
Also cannot release:
- informant identities
- investigative procedures
- grand jury info
Which rule under the Privacy Act of 1974 allows ATF to release certain information to insurance companies regarding claims for arsons ATF is investigating?
a. Number 4
b. Number 5
c. Number 6
d. Number 7
d. Number 7
The statute that states it’s illegal to intentionally damage or destroy a religious property because of the race, color or ethnic characteristic of any person associated with that property is:
a. 247(a)
b. 247(c)
c. 844(i)
d. 844(h)
b. 247(c)
247(a) is intentionally damaging a religious property used in or affecting interstate commerce because of the religious character of the property.
Which of the following is not one of ATF’s policies regarding reverse stings?
a. No arrest until suspect approaches target building
b. Building to be burned must be owned by ATF or have written consent from outside owner
c. Suspect may never be allowed in the building
d. Suspect not told location of building to be burned until ATF is prepared to conduct 24 hour surveillance of suspect and location to be burned
b. Building to be burned must be owned by ATF or have written consent from outside owner
When an ATF agent plays the part of a business person who wants his or her property torched, this is referred to as a:
a. Sting
b. Ruse
c. Reverse sting
d. Solicitation
c. Reverse sting
When charging someone for 844(i), attempt, as part of a sting operation, what must ATF agents prove?
a. The business was used in interstate or foreign commerce
b. The business was property of the United States
c. The operation is racially or religiously motivated
d. The suspect made a substantial step in trying to commit the arson
d. The suspect made a substantial step in trying to commit the arson
ATF must prove the suspect made a substantial step in trying to commit the arson. Evidence demonstrating this would be:
- meeting with the UC
- admissions demonstrating his/her motive
- show the UC the property to be burned
- setting a date for the arson
- giving the UC a down payment
- giving the UC a copy of the insurance contract
On the tip of a CI, an undercover ATF agent responded to an ambiguous Craig’s List ad seeking a consultant to help him “bury his competition.” The ATF agent and business owner exchanged emails, and eventually met at which point the business owner show the agents a movie of the premises he wanted destroyed and gave them a down payment. At this point, the business owner could be charged with:
a. 18 USC 373, Solicitation
b. 18 USC 844(i), attempt
c. Both a & b
d. Nothing
b. 18 USC 844(i), attempt
The meeting with the agent, showing of the movie, and down payment all signify a substantial step made to attempt and move it from solicitation to attempt.
If an attempt occurs, the solicitation statute merges with the attempt statute, and therefore the prosecution would only charge the attempt statute.
True/False
A business owner in Atlanta, GA torches a would be competing restaurant weeks before it was set to open. Despite having ordered and received supplies from an out of state wholesaler, the suspect could not be charged with 844(i) since the victim business had not opened and was not being used in commerce.
False
Key language of the statute is “any property currently used or INTENDED TO BE USED in interstate or foreign commerce”
Which of these is an example of an arson location where you would likely be able to charge 844(f), arson of federal property, and 844(i), arson of property used in interstate commerce?
a. Brunswick High School
b. Joe’s All American Grill
c. Brunswick Church
d. University of Georgia
d. University of Georgia
Colleges are in the business of providing educational services, with out of state advertising resulting in a large number of out of state students. This gives them interstate commerce (along with “organization receiving Federal financial assistance” like other educational facilities) which public grammar, middle, and high schools don’t have. Those schools would only bring a 844(f) charge.
True/False
An arson of a permanently closed fitness center, not listed for sale or rent at the time of the fire, could still be charged with 844(i), arson of a business property
False
It is not involved in commerce if it’s not making money or actively being sold.
An arson is committed on a vacant, uninhabitable rental house that the owner had no intention of renting by the owner. The owner filed a false proof of loss claim with his insurance company using U.S. Mail. He could be charged with:
a. 844(h) to commit 1341, mail fraud
b. 844(i), arson of a business property
c. Both a & b
d. Both a & b if the property had previously been rented out
a. 844(h) to commit 1341, mail fraud
Since the property was vacant and the owner showed no intent on renting or selling, you couldn’t charge it as a business property.
When charging 844(i), arson of a business property, or 844(f), arson of a federal property, the key element the government must prove is:
a. Interstate commerce
b. Two or more persons were involved
c. Malicious intent
d. Violation of civil rights
c. Malicious intent
True/False
During a riot following a WVU victory over Baylor, an opportunistic Morgantown, WV business owner used the local rioters as an excuse to use aMolotov cocktail to burn down his fledgling business in hopes of obtaining insurance funds.
If charged, he would be guilty of 924(c), using a Molotov cocktail to commit federal arson crimes.
False
The definition of crime of violence in 924(c)(3) uses the term “…against the person or property of another.” So you can’t commit 924(c) on yourself.
He could be charged with NFA, 844(i), 844(h) - 1343. He could also be charged with 924(c) if he had a co-owner.
Which of these is NOT a typical example of how the government proves a suspect knew the fire was going to occur?
a. No pictures on the wall
b. Fire occurred during the suspects vacation
c. No forced entry
d. Fire/burglary alarms turned off
b. Fire occurred during the suspects vacation
Other indicators:
- recent increase in insurance coverage
- old clothing replacing new clothing
- valuables missing
- pets normally present were removed
The most common motive for committing arson is:
a. Revenge
b. Defraud insurance company
c. Hatred of religion
d. Covering up other crimes
b. Defraud insurance company
If fire investigators arrive on a scene after firefighters have exited:
a. The investigators are free to enter
b. The investigators are free to enter if there’s reasonable suspicion an arson was committed
c. The investigators must enter through consent or an inspection warrant
d. The investigators cannot enter
c. The investigators must enter through consent or an inspection warrant
If investigators respond to a fire contained to a kitchen of a restaurant and it is determined that arson was the cause, what do investigators have to do to search REP areas not affected by the arson?
a. They can search as long as firefighters are still present
b. Nothing, they have probable cause
c. They must obtain consent or a search warrant
d. They must obtain an inspection warrant
c. They must obtain consent or a search warrant
When firefighters remain on the premises after already extinguishing the fire to prevent rekindling and damage to property, this is known as:
a. Spoliation
b. Inventory
c. Excavation
d. Overhaul
d. Overhaul
During this time, investigators are allowed on scene to determine origin and cause
True/False
According to ATF Order 3320.10D, ATF management must contact the prosecuting attorney prior to releasing information to insurance companies regarding an arson under investigation?
True
True/False
According to 18 USC 846 (ATF inspection authority at explosion scenes), ATF is authorized to inspect site of ANY accident or fire in which there is reason to believe that explosive materials were used
True
In order to carry out, they are authorized to enter into any proper where explosive materials have been used or are suspected of being used, or have been found in an otherwise unauthorized location
When firefighters leave the scene of a fire, exigency ceases. What must investigators do at this time?
a. acquire consent or a search warrant if they want to stay
b. they can stay if there’s probable cause an arson was committed
c. they can stay for a reasonable amount of time
d. Obtain an inspection warrant
c. they can stay for a reasonable amount of time
True/False
Even if damage is so severe as to eliminate any REP, investigators must obtain consent or a search warrant to search the premises
False
True/False
According to Rule 404(b), evidence of other crimes are admissible in court for arson to prove motive, intent, and opportunity.
True
Can also be used to prove preparation, plan, knowledge, identity, or absence of mistake.
Examples of crimes that could be used:
- previous false insurance claims
- previous arsons or bombings
- previous hostility towards victim
- other crimes being covered up
Which of these is not a service offered by the Criminal Investigative Analysis Program (CIAP)?
a. Profiling
b. Origin and cause determinations
c. Interviewing/negotiation strategies
d. Statement analysis
b. Origin and cause determinations
Which of these is not an example of something that may be included as part of a profile?
a. Education level
b. Hair color
c. Race
d. Socioeconomic status
b. Hair color
Others:
- sex
- age
- employment history
- physical and mental health history
- psycho-sexual issues
- personal habits/lifestyle/relationships
- residence/anchor point
ATF’s 8 page questionnaire VIEW (Verbal Inquiry - Effective Witness) is designed to do all but:
a. Eliminate truthful suspects
b. Allow investigators to focus on likely guilty suspects
c. Determine the type of threat a person poses
d. quickly mine the information of a large number of potential witnesses
c. Determine the type of threat a person poses
Statement analysis is done mostly because:
a. Lying is difficult for humans
b. People don’t always lie, they just don’t tell everything
c. Truthful statements come from memory
d. All of the above
D. All of the above
Also:
- people’s language will betray them
The Test for Pronouns when analyzing a written statement is done primarily to:
a. Detect deception
b. Detect associates that may be left out
c. Understand a person’s psychological behavior
d. Both a & b
d. Both a & b
Signs of veracity or truthfulness in statement analysis includes:
a. Lack of the pronoun “I”
b. Non-committal language
c. Sensory details
d. Present tense
c. Sensory details
Full list:
- use of the pronoun “I”
- active tense
- committal language
- past tense
- sensory details
- spatial details
*minor inconsistencies are ok
In a threat assessment, assessing the level of risk for the threat being carried out as well as developing a psycho/sociolinguistic profile of the subject would be done for:
a. An unknown threat
b. A known threat
c. A serious threat
d. Both a & b
A. An unknown threat
For a known threat, you simply assess the actual potential for his/her acting out violently
Anchor points are:
a. Components of the suspects statement that are suspicious
b. Components of the suspects statement that are truthful
c. The most significant places in a person’s spatial life
d. Areas you can rule out of an investigation
c. The most significant places in a person’s spatial life
Examples:
- home
- work
- recreation spots
- former residences
- other family members homes
A geographic profiler will analyze an offenders target selection and “hunting behaviors.” These behaviors are particular useful in:
a. Sexual homicides
b. Serial arsons
c. Robbery
d. All of the above
d. All of the above
Also includes:
- burglary
- bombings
The actions an offender takes to successfully commit his crime and escape undetected are referred to as his:
a. Rituals
b. Signature
c. Modus Operandi (MO)
d. Staging
c. Modus Operandi (MO)
Behaviors that are unnecessary to the commission of the crime or to the offender escaping are referred to as:
a. Modus Operandi (MO)
b. Signature
c. Staging
d. Rituals
d. Rituals
The unique combination of MO and ritual that is observed over a series of crimes is referred to as the offenders:
a. Calling card
b. Signature
c. Moniker
d. Gimmick
b. Signature
Behavior where the offender intentionally manipulates or alters a crime scene for the purpose of misdirecting the investigation and/or diverting the attention away is referred to as
a. Bluffing
b. Diverting
c. Staging
d. Ritual
c. Staging
Examining patterns for time of day, day of week, etc. of a criminal series is referred to as
a. Temporal analysis
b. Spatial analysis
c. Daily analysis
d. Material analysis
a. Temporal analysis
The common arson motive described as a crime of opportunity where the arsonist sets unsophisticated fires simply “because they can” is referred to as
a. Excitement
b. Crime concealment
c. Vandalism
d. Recognition
c. Vandalism
The profile of ____________ motivated arsonists includes someone who doesn’t typically remove items from the scene, but opts to stick around and observe after the fact. They also opt for larger structures for greater damage, but don’t follow the case in the media.
a. Vandalism
b. Excitement
c. Revenge
d. Extremist
d. Extremist
The most common sub category of the excitement motive for arsons is:
a. Thrills
b. Recognition
c. Attention
d. Sexual
a. Thrills
Thrills (68%)
Recognition (16%)
Attention (16%)
Sexual (>1%)
The single most dangerous fire setter is the one motivated by:
a. Institutional revenge
b. Group revenge
c. Personal revenge
d. Societal revenge
d. Societal revenge
Because the target is indiscriminate with no regard for loss of life or property. They’re “mad at the world” so everyone is fair game.
The key to solving an arson for profit case is:
a. Insurance records
b. Establishing motive and opportunity
c. The quality of interview
d. The CFIs determination
c. The quality of interview
Offenders perceived need, in order to give appearance of having nothing to hide, is to be cooperative throughout investigation and a savvy investigator can trap them in lies.
Offenders who often communicate with the media and authorities and claim responsibility are characterized in which of these arson motives?
a. Excitement
b. Extremist
c. Revenge
d. Vandalism
b. Extremist
Serial arsonists are classified by _________ or more fires set in separate locations with a significant cooling off period in between
a. Two
b. Three
c. Four
d. Five
b. Three
Which of these are all common characteristics of an organized crime scene?
a. Presence of ignition system, effort required for access, severity planned
b. presence of ignition system, random targets, impulsive
c. Open flame, available materials, severity planned
d. Open flame, severity unplanned, limited mobility
a. Presence of ignition system, effort required for access, severity planned
Organized crime scene:
- presence of ignition system
- preparation evident
- ignition location not readily accessible
- severity planned
- effort required for access
- unlimited mobility
True/False
Pyromania has been described as an “uncontrollable impulse” and studies show that most arsonists are pyromaniacs and unable to control the impulses
False
Offenders appear quite capable of controlling the impulse but choose not to unless risk of detection and arrest outweighs desires.
Arsons that are clearly explainable in terms of some immediate rational gain to the offenders are categorized as ____________ motives
a. Logical
b. Expressive
c. Instrumental
d. Common
a. Instrumental
Arsons that demonstrate an emotional or psychological gratification rather than a tangible need are described as ______________ motives
a. Instrumental
b. Mental
c. Impulsive
d. Expressive
d. Expressive
Those who use bombs for sinister purposes are refereed to as __________ bombers
a. Benevolent
b. Experimenter
c. Egotistical
d. Malevolent
d. Malevolent
Other type:
Experimenters: those who manufacture and employ improvised explosive mixtures and devices out of sheer curiosity
True/False
Of the two bomber typologies (experimenters and malevolent), the experimenters bomb scene will display a higher degree of organization than the malevolent bomber.
False
That describes the malevolent bomber.
An underachiever who displays an inflated sense of his own intelligence and uses his bomb making ability as a means of showing his “superiority” is a ___________ bombers
a. Experimental
b. Benevolent
c. Malevolent
d. Egotistical
c. Experimental
True/False
Explosives that have been stolen or purchased are likely to be more sophisticated than those that were readily available or improvised
True
More organized or sophisticated bombers are likely to have a better source of supply by either stealing or purchasing commercial military, or improvised explosives.
Disorganized bombers are more likely to throw something together using combinations of ammunition propellants or explosives from fireworks.
Uses for physical evidence and laboratory analyses in arsons includes each of these except:
a. Collecting additional circumstantial evidence
b. Corroborating an incendiary cause
c. Associating a suspect with a fire
d. Ascertaining a motive
a. Collecting additional circumstantial evidence
Burn patterns, electronic sniffers and canines are all used to identify:
a. Suspects
b. Motive
c. Origin and cause
d. Accelerants
d. Accelerants
Accelerant residues carried from one scene to another via personnel or equipment would be an example of __________ contamination
a. Cross-case
b. Cross-scene
c. Cross-source
d. Kris Kross
b. Cross-scene
Improper storage or packaging may lead to which type of contamination?
a. Cross-Case
b. Contamination from another source to a scene
d. Cross-scene
d. Partial
a. Cross-case
Which of these would be an example of contamination from one source to another?
a. Boots not being decontaminated from one scene to another
b. Using a previously used can to package debris from a scene
c. A CFI not washing his hands after using the bathroom
d. A CFI stopping at a gas station on his way to a scene and spilling gas on his pants and boots
d. A CFI stopping at a gas station on his way to a scene and spilling gas on his pants and boots
Which of these is never allowed on a fire scene?
a. Disposable tools
b. Previously used tools
c. Gasoline powered equipment
d. Decontamination line
c. Gasoline powered equipment
* previously used tools should be properly cleaned before entering a scene