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Arson

The document discusses arson, including its definition, elements, and guidelines for investigating arson cases. It defines arson as the willful and malicious burning of property. The three elements of arson are: 1) an actual burning occurred; 2) the burning was done with malicious intent; and 3) the burning was done by a legally responsible person. Motive, intent, and malice are also discussed. Guidelines are provided for investigating the origin of the fire, potential motives, identifying prime suspects, and identifying the actual fire setter. Maintaining the integrity of the fire scene and properly collecting and preserving evidence is emphasized.

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0% found this document useful (0 votes)
316 views17 pages

Arson

The document discusses arson, including its definition, elements, and guidelines for investigating arson cases. It defines arson as the willful and malicious burning of property. The three elements of arson are: 1) an actual burning occurred; 2) the burning was done with malicious intent; and 3) the burning was done by a legally responsible person. Motive, intent, and malice are also discussed. Guidelines are provided for investigating the origin of the fire, potential motives, identifying prime suspects, and identifying the actual fire setter. Maintaining the integrity of the fire scene and properly collecting and preserving evidence is emphasized.

Uploaded by

marimartuliao14
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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FINAL TERM

ARSON
 Arson is the willful and malicious burning of the house or house of the
other man. Present laws on arson have extended the scope of the
crime and cover all kinds of buildings and structures even including
personal property. Now the crime of arson includes the burning of one’s
property. (Under the Old Common Law)
 Arson is the malicious destruction of property by fire and the extent of
liabilities depends on:
a. Kind and character of the building
b. Location
c. Extent of damage or value
d. Its state of being inhabited or not (RPC)
 Arson is the malicious burning of a building or property a dwelling house
(Webster)
ELEMENTS OF ARSON

1.That the actual burning took place;


2.That the actual burning is done with
malicious intent; and
3.That the actual burning is done by
person(s) legally and criminally liable
WHAT CONSTITUTE ARSON?
Willfulness – intentional and implies that the act was
done purposely and intentionally.
Intent – purpose or design with which the act is
done and involves will.
Motive – moving cause that induces the
commission of a crime.
Malice – denotes hatred or ill will or desire for
revenge.
“Deliberate intention of doing unjustified harm
for the satisfaction of doing it”
BASIC LINES OF INQUIRY IN THE
INVESTIGATION OF ARSON

ORIGIN OF FIRE
MOTIVE
IDENTIFICATION OF PRIME SUSPECT
IDENTIFICATION OF FIRE SETTER
ORIGIN OF FIRE
 HEAT – A heat source is responsible for the initial
ignition of fire, and is also needed to maintain the fire
and enable it to spread. Heat allows fire to spread by
drying out and preheating nearby fuel and warming
surrounding air.
 FUEL – Fuel is any kind of combustible material. It’s
characterized by its moisture content, size, shape,
quantity and the arrangement in which it is spread
over the landscape. The moisture content determines
how easily it will burn.
 OXYGEN – Air contains about 21 percent oxygen,
and most fires require at least 16 percent oxygen
content to burn. Oxygen supports the chemical
processes that occur during fire. When fuel burns, it
reacts with oxygen from the surrounding air, releasing
ELEMENTS OF FIRE heat and generating combustion products (gases,
smoke, embers, etc.). This process is known as
oxidation.
ORIGIN OF FIRE
Causes of Fire
A.Natural Cause without Human Intervention
B. Accidental Cause with or without human intervention
C.Arson or Touch of Fires (a set fire) – when all natural and
accidental causes have investigator to determine if it is in
fact a “touch off” fire.
MOTIVE
FIVE MOTIVES THAT PREDOMINATE IN ARSON CASES
1. Economic Gain
2. Concealment of Crime
3. Punitive Measure
4. Malicious Vandalism
5. Pyromania

TYPES OF PERSON WHO SET FIRE


1. With a motive
2. Without a motive
PERSON WITH MOTIVE TO SET A FIRE PERSON WITHOUT MOTIVE TO
a.Those with desire to defraud the SET A FIRE
insurer a.Mental Cases
b.Employees or such other persons b.Pathological Fire-setters
who gave grievances c. Pyros
c. Those who desire to conceal d.Psychos
evidence of other crimes
d.Those who set fire for purpose of
intimidation
e. Pyromania
Pyromaniac – a type of person who has passion for fire that can be satisfied
only by watching flames. Person who gets pleasure in watching fire or
watching fireman put out of fire.
IDENTIFICATION OF PRIME SUSPECT

To accomplish this identification it is first


necessary to develop what are known as prime
suspect among those having motives and
opportunity to set fire or to pinpoint a prime
suspect in a pyro fire by studying the fire
pattern.
IDENTIFICATION OF FIRE SETTER
Final basis inquiry to be pursued by an arson
investigator concerns which one of the prime
suspects is the fire setter and who were his
accomplices if any. This identification results
from the full development of leads, clues, and
traces. The testimony of persons particularly
eyewitness and the development of expert
testimony maybe of value.
Guides in the Investigation
of Fire Scene
Arriving at the Scene • Observe the fire and scene conditions
• Exercise scene safety
• Preserve the fire scene
• Establish security and control
• Coordinate interagency activities

Evaluating the Scene • Contact first responders and establish


presence
• Define the scene’s boundaries
• Identify and interview witnesses at the scene
• Assess scene security at the time of the fire
• Identify the resources required to process the
scene
Guides in the Investigation
of Fire Scene
Documenting the Scene • Photograph or videotape the scene
• Describe and document the scene

Processing Evidence at the Scene • Identify, collect and preserve


evidence
Completing the Investigation • Prevent evidence
• Release the scene contamination
• Submit reports to the appropriate • Package and transport
databases evidence
• Establish and maintain the
chain of custody
Guides in the Investigation of Fire Scene
The fire scene holds the key to origin of any fire. A careful
methodical and through search of the scene of a suspicious
fire is a basic part of the initial investigation. The following
points must be given due attention:
The scene must be protected by so that the evidence is
not destroyed or removed by careless persons or the guilty
party.
Mechanics of search
Collection and preservation of evidence
Laboratory aids

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