Chapter 9

© 2011 Delmar, Cengage Learning

2nd Edition

Fire PreventionThrough Investigation

Chapter 9


2nd Edition

Objectives

Upon completion of this chapter, you will be able to:

•Identify local, state, and federal agencies involved in the investigation of fires

•Describe the benefits of effective fire investigation

•Identify the various roles adopted by fire departments to investigate fires


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Objectives (cont’d.)

• Identify agencies and organizations that provide fire investigations training

• Discuss the use of case closure rate and conviction rate as measures of effectiveness for fire investigation units


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Early Fire Investigation

• Determining origin and cause of fires is important in preventing/minimizing impact– Where, why, and how fires start and behave

• By determining whether act is accidental or criminal, we can:– Develop effective fire prevention programs– Deter arson crime by criminal prosecution


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The Reason for Fire Investigation

• Crimes against people– Almost three times the closure rate of crimes

against property

• Arson and vehicle theft– About same statistical probability of arrest,

prosecution

• Fire service has the greatest stake in the crime of arson


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Organizations Involved in Fire Investigation

• Fire cause determination: traditional function of the fire incident commander

• Jurisdictional conflicts unfortunate/infrequent– Federal, state, and local officials– Law enforcement and bureau officials

• Some fire chiefs steer clear because of:– Complexity, resources, and politics


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Investigation by the Fire Department

• Happens to some extent in almost every jurisdiction

• Dedicated fire investigation units in many metropolitan fire departments

• Legal authority usually originates within a state statute


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Fire Prevention Bureau Investigation Units

• Some fire prevention bureaus perform some or all the fire investigation functions– Can be assisted by:

• State fire marshal or state or local police department

• Federal authorities: Bureau of Alcohol, Tobacco, Firearms and Explosives

• U.S postal inspectors, the FBI, and other law enforcement agencies


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Fire Prevention Bureau Investigation Units (cont’d.)

• Possibility of a conviction for arson can be lost if scene not thoroughly processed

• NFPA 1033: Standard for Professional Qualifications for Fire Investigator– Job performance requirements

• NFPA 921: Guide for Fire and Explosion Investigations– How-to document for fire investigators


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Certification

• International Association of Arson Investigators– Certified Fire Investigator– Fire Investigation Technician

• National Association of Fire Investigators– Certified Fire and Explosion Investigator– Certified Fire Investigation Instructor– Certified Vehicle Fire Investigator


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The Investigation Process

• Involves skills not developed by typical firefighters unless trained– Interviews of witnesses– Follow-up investigation

• Including interviews; examination of records and test results

– Securing and serving search and arrest warrants

– Court preparation and testimony


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FIGURE 9-3Training for fire investigators includes courtroom testimony (Courtesy of Duane Perry)


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Investigation of the Fire Scene

• Introductory investigation by initial officer in charge in most fire departments

• Some jurisdictions: – Fire department not responsible for entire

process– Specifically trained personnel assigned

• If incendiary cause: law enforcement agency• Fire department representative who determined

the cause becomes expert witness


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Interviews and Follow-up Investigation

• Fire investigators should receive same level of training as criminal investigators– Self-defense, firearms, investigative and legal

training• State fire training academies and marshal offices• National Fire Academy• Federal Law Enforcement Training Center• FBI Academy


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FIGURE 9-4 Training in self-defense is a crucial aspect of fire investigator preparation (Courtesy of Duane Perry)


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Equipment and Resources

• Equipment: similar to those used at any crime scene– Additional items for hazardous scenes and

fragile evidence• Lighting equipment• Evidence containers• Shovels• Screens for sifting debris• Other specialized items


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Equipment and Resources (cont’d.)

• Many jurisdictions lack the resources to assign personnel to full-time investigations– Frequency of fires or fiscal constraints– “Inspectigator”

• Downside: skills needed are not the same• Upside: knowledge gained from each discipline will

improve performance in the other


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Courtroom Testimony

• Proving arson – Often the most difficult task of prosecution– All accidental causes must be effectively

eliminated• Lightning strike, electrical, mechanical, and other

ignition possibilities

– Possibility that fire was accidental• Enough to move the jury to acquit defendant


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Measuring Effectiveness

• Case closure rate, not conviction rate

• Investigative work at fire scene leading to arrest/conviction of perpetrator– Considered successful, even if arson charge

is dropped in a plea agreement


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Summary

• Fire service has the greatest stake in:– Determining the origin and cause of fires– Channeling that information to prosecutors,

government regulators, and the public

• Personnel must:– Be adequately trained and equipped– Work closely with law enforcement agencies

and the court system

Chapter 9

Business

Transcript of Chapter 9