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Arson

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"Arsonists" redirects here. For the hip hop band, see Arsonists (rap group).
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The Skyline Parkway Motel at Rockfish Gap after arson on July 9, 2004.

Arson[1] is the crime of deliberately and maliciously setting fire to structures or wildland areas.[2] It may be distinguished from other causes such as spontaneous combustion and natural wildfires caused by lightning for example. The study of the causes is the subject of fire investigation. Fires set to the property of another or to one's own property may be for an improper purpose, such as to collect insurance compensation.[3]

Common law

Arson (or fire-raising, as it is known in Scotland)[4] is defined as "the malicious burning of the dwelling of another" [5]" in common law.

The prosecutor must prove each element of the crime beyond a reasonable doubt.[6]

Arson was punished at common law as a felony in the eighteenth century. The destruction of an unoccupied building was not considered as arson, "[s]ince arson protected habitation, the burning of an unoccupied house did not constitute arson." Furthermore, "[t]he burning of one's own dwelling to collect insurance did not constitute common law arson. It was generally assumed in early England that one had the legal right to destroy his own property in any manner he chose."[7]

United States

In the U.S., the common law elements of arson are often varied in different jurisdictions. For example, the element of "dwelling" is no longer required in most states, and arson occurs by the burning of any real property without consent or with unlawful intent.[8]

Arson is prosecuted with attention to degree of severity[9] in the alleged offense. First degree arson[10] generally occurs when persons are harmed or killed in the course of the fire, while second degree arson occurs when significant destruction of property occurs.[11] Arson may also be prosecuted as a misdemeanor,[12] "criminal mischief", or "destruction of property."[13] Burglary also occurs, if the arson involved a "breaking and entering".[14] A criminal may be sentenced to death penalty if arson occurred as a method of homicide, as was the recent case in California of Raymond Lee Oyler and in Texas of Cameron Willingham.

England and Wales

In English law, arson was a common law offence which was recently defined again and codified by the Criminal Damage Act 1971.

See also: Criminal damage in English law § Arson

Scotland

In Scots Law, the term "fire raising" is the equivalent term used instead of arson, but both mean the same.

See also

References

  • Karki, Sameer (2002), Community Involvement in and Management of Forest Fires in South East Asia (PDF), Project FireFight South East Asia, retrieved 2009-02-13
  • White, J. & Dalby, J. T., 2000. Arson. In D. Mercer, T. Mason, M. McKeown, G. McCann (Eds) Forensic Mental Health Care. Edinburgh: Churchill Livingston. ISBN 0-443-06140-8

Notes

  1. ^ arson 1680, from Anglo-French. arsoun (1275), from Old French arsion, from L.L. arsionem (nom. arsio) "a burning," from L. arsus pp. of ardere "to burn," from PIE base *as- "to burn, glow" (see ardent). The Old English term was bærnet, lit. "burning;" and Coke has indictment of burning (1640). Arsonist is from 1864. Dictionary.com. Online Etymology Dictionary. Douglas Harper, Historian. [1] (accessed: January 27, 2008)
  2. ^ Bryant, Colleen (February 2008). "Deliberately lit vegetation fires in Australia". Trends and issues in crime and criminal justice (350). Canberra: Australian Institute of Criminology. ISBN 978 1 921185 71 7. ISSN 0817-8542. Retrieved 2009-01-09.
  3. ^ arson. Dictionary.com. The American Heritage Dictionary of the English Language, Fourth Edition. Houghton Mifflin Company, 2004. [2] (accessed: January 27, 2008)
  4. ^ "Annual Report of Her Majesty's Chief Inspector of Constabulary for Scotland 2005/2006". Retrieved 2008-10-06.
  5. ^ 4 Blackstone, Commentaries (21st ed.) p. 220
  6. ^ Christopher B. Mueller & Laird C. Kirkpatrick, 1 Federal Evidence § 77 ( 2d ed. 2003) ( “[T]he ‘presumption of innocence’ .... is a way of forcefully emphasizing to the jury that the prosecutor has the obligation to prove each element of the offense beyond a reasonable doubt, that the accused bears no proof burden whatsoever with respect to any element of the crime, and that no adverse inference should be drawn against [the accused] from the fact of [ ] arrest, indictment, or presence in court.”)
  7. ^ "Arson: Legal Aspects - Common Law Arson". Law Library - American Law and Legal Information. Retrieved 2008-05-10.
  8. ^ See U.S. v. Miller, 246 Fed.Appx. 369 (C.A.6 (Tenn.) 2007); U.S. v. Velasquez-Reyes, 427 F.3d 1227, 1230-1231 and n. 2 (9th Cir.2005).
  9. ^ "Campus Crime: Crime Codes and Degree of Severity". California State University, Monterey Bay. Retrieved 2008-05-10.
  10. ^ See U.S. v. Miller, 246 Fed.Appx. 369 (C.A.6 (Tenn.) 2007)
  11. ^ Garofoli, Joe (September 1, 2007). "Suspect in Burning Man arson decries event's loss of spontaneity". San Francisco Chronicle. p. A8. Retrieved 2008-05-11. {{cite news}}: Check date values in: |date= (help)
  12. ^ "Reason for Referral". Nebraska Commission on Law Enforcement and Criminal Justice. Retrieved 2008-05-11.
  13. ^ "Man accused of arson pleads to misdemeanor charges". The Salina Journal. January 25, 2008. Retrieved 2008-05-11. {{cite news}}: Check date values in: |date= (help)
  14. ^ 3 Charles E. Torcia, Wharton's Criminal Law § 326 (14th ed. 1980)

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