Chapter 16

© 2009 Delmar, Cengage Learning

Arson

Chapter 16


Objectives

• Describe the three elements of arson• Describe the necessity of proving motive• Describe and give examples of the different

types of motives• Describe various techniques that could be arson

indicators • Describe characteristics that may indicate that

the fire was intentionally set


Case Study • Homeowner leaves for 12 hour drive to vacation

home on Sunday– Arranges for neighbor to check the house on Tuesday

• Power fails at home on Sunday night• Considerate neighbor checks house early

Monday when power comes back on– Finds small fire in basement and extinguishes with

water buckets– Discovers arson set-up with timer: used soldering iron

to ignite combustibles stacked on table


Case Study (cont’d.)

Figure 16-1 Theelectrical timerallows for a timedelay of just under24 hours.


Introduction

• Under most circumstances, the fire officer is not the one to complete the investigation on an incendiary or intentionally set fire – Assigned investigator could be someone who works

for the fire department or the police department– Initial investigation may be started by the fire officer


Impact on the Community

• Criminal act of arson has an impact on each and every person in the community– Insurance payment is predicated on the anticipated

losses – More direct impact in your community is the potential

for injury or loss of life– Often, arson is directed at older structures that may

seem of less value• However, these may be irreplaceable pieces of a

community’s history


Arson: The Crime

• To have the crime of arson there must be a corpus delicti (body of the crime)– If nothing was damaged, there was no crime of arson

• Three elements to the crime of arson– There must be clear evidence that something burned– The burning had to have been an intentional act by

the perpetrator– There must have been malice in the setting


Arson versus Incendiary

• For years, arson has been a crime against property – Now it is also recognized as a crime against people

• As a general term, an incendiary fire is one that is intentionally and willfully set

• The decision as to which term is used should be set in a department policy with the proper terminology– This document must be approved by your jurisdiction


Motives

• In many states, it is not necessary to have a motive to get a conviction – Motive can be a vital part of the prosecution’s case in

court – Juries want to know why the defendant committed the

crime

• Classification of pyromania has changed– Use of pyromania as a motive is an oversimplification

of a more complex issue


Vandalism

• Usually associated with juveniles and adolescents– Also with gangs

• Usually, but not always, done in groups


Excitement

• People who are bored and want the thrill• Sometimes even stay around to help the

firefighters


Revenge

• Person– When the revenge is aimed at a person, it is more

obvious• May be vandalism of personal property

– Interviews are key to discovering the motive– Checking into relationships may be revealing

• Group – Perceived injustice against a group can cause

perpetrator to lashes at something representative• Churches and synagogues are common targets


Concealment of a Crime

• Criminal will seek to cover up the crime just committed – Some criminals turn to arson in the hopes of

destroying the crime scene

• Almost any serious crime can result in the perpetrator setting a fire for concealment– Before DNA analysis, this worked for murder – Other crimes include burglary, robbery that leads to

murder, fraud, and embezzlement


Profit

• Sometimes obvious and sometimes not so obvious– Business on hard times– Vehicle owner wanting to get out from under a high

vehicle payment – Crime of extortion is committed where a business is

threatened with a fire– Some types of fraud can be obscure at first

• Burning neighbor’s property to get access to a scenic view


Profit (cont’d.)

• Insurance fraud– For every type of insurance policy, there is a way to

commit fraud • Major companies have special investigative units

• Insurance investigator may cooperate with government investigator, but cannot conspire against the accused

– Insurance policy• After a fire, the insurance company requires a written

proof of loss

• The insured must present themselves for an examination under oath


Extremism

• Terrorism is the best example of this type of fire setter

• This type of attempt at social change has been around since recorded history

• Extremists are willing to use whatever means necessary to force their ideals upon others

• The United States has its own share of home grown extremism in various organizations


Opportunity

Figure 16-3 Ananalog clock locatedon the kitchenoven. A checkwith the occupantsis necessary toascertain whether itwas accurate or setfor the correct time.


Incendiary: Arson Indicators

• World of fire investigation is not black and white – Culmination of all the facts eventually gives an

accurate hypothesis


Location and Timing of the Fire

• Arsonist wants the fire to burn as long as possible before being discovered– After midnight and in the early morning hours

• The location on the property where the fire is set is also a key giveaway – Has to be a location that will allow the fire to spread– Fire may be set in the area with the most volatile fuel– Multiple set fires are an obvious giveaway


Fuel, Trailers, and Ignition Source

Figure 16-4 Anignitable liquidpour down a set ofsteps. The separatechar on the left sideof the lowest step isfrom a cardboardbox that was left onthe steps.


Challenge the Unusual

Figure 16-7 Burnpattern on the wallwhere a pot ofgasoline ignited.Notice the V patternfrom the smokeand the invertedV from the flamesthat burned the wallclean.


Contents

Figure 16-10 Emptycabinets in anoccupied home issuspicious. Thefact that all thedoors were left openprior to the firemay suggest thatthe cabinets wereemptied prior to thefire.


Sifting a Scene

Figure 16-15 Siftinga scene: twoinvestigators handlingthe screen, while athird shovels in thedebris. The fourthperson documents,photographs, andpackages anyevidence found.


Summary

• There are three elements to the crime of arson – First, something must have burned– Second, the burning must have been intentional– Third, the element of malice must be present

• Motives for setting the fire are far ranging – Vandalism, excitement, revenge, crime concealment,

profit, and extremist

• Many indicators give various clues as to how the fire was started or why the fire occurred

Chapter 16

Documents

Transcript of Chapter 16