Arson
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2008-07-09T14:56:58Z
Daawa
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'''Arson''',<ref>'''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. [http://dictionary.reference.com/browse/arson] (accessed: January 27, 2008)</ref> in general, is the [[crime]] of maliciously, voluntarily, and willfully setting [[fire]] to the building, buildings, or other property of another, or of burning one's own property for an improper purpose, as to collect [[insurance]].<ref>'''arson'''. Dictionary.com. The American Heritage Dictionary of the English Language, Fourth Edition. Houghton Mifflin Company, 2004. [http://dictionary.reference.com/browse/arson] (accessed: January 27, 2008)</ref>
==Common law definition==
At [[common law]], the elements of arson are:
* The malicious Burning Of the dwelling Of another.<ref>4 Blackstone, Commentaries (21st ed.) p. 220</ref>
The [[prosecutor]] must prove each element beyond a reasonable doubt.<ref> 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.”)</ref>
Eighteenth-century [[common law]] punished arson as a [[felony]]. However, it did not regard the destruction of an unoccupied building as arson, "[s]ince arson protected habitation, the burning of an unoccupied house did not constitute arson" and further, "[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."<ref name="JRANK">{{cite web
|url= http://law.jrank.org/pages/535/Arson-Legal-Aspects-Common-law-arson.html
|title= Arson: Legal Aspects - Common Law Arson
|accessdate= 2008-05-10
|publisher= Law Library - American Law and Legal Information
|language= English
}}</ref>
==United States Law==
In the [[U.S.]], the [[common law]] elements serve as a basic template, but individual jurisdictions occasionally alter them and they vary from state to state. For example, most states no longer require the "dwelling" element. In these states, the crime of arson includes the burning of any personal property without consent or with unlawful intent.<ref>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).</ref>
Arson charges are prosecuted with attention to degree of severity<ref name="CSUMB">{{cite web
|url= http://www.csumb.edu/site/x7006.xml
|title= Campus Crime: Crime Codes and Degree of Severity
|accessdate= 2008-05-10
|publisher= California State University, Monterey Bay
|language= English
}}</ref> in the alleged offense: First-degree felony arson<ref>See U.S. v. Miller, 246 Fed.Appx. 369 (C.A.6 (Tenn.) 2007)</ref> is usually charged when persons are harmed or killed in the course of the fire, second-degree felony arson when significant destruction of property occurs,<ref name="Burning Man">{{cite news
| first = Joe
| last = Garofoli
| title = Suspect in Burning Man arson decries event's loss of spontaneity
| url = http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/09/01/MN8LRTBBN.DTL
| work = [[San Francisco Chronicle]]
| page = A8
| date = [[September 1]], [[2007]]
| accessdate = 2008-05-11
| language = English
}}</ref> and so forth. Arson is also variously prosecuted as a [[misdemeanor]]<ref name="Nebraska">{{cite web
|url= http://www.ncc.state.ne.us/statistics/data_search/jcr/jcr_referrals.htm
|title= Reason for Referral
|accessdate= 2008-05-11
|publisher= Nebraska Commission on Law Enforcement and Criminal Justice
|language= English
}}</ref>
or "[[mischief|criminal mischief]]" or "[[destruction]] of [[property]]."<ref name="Salinas">{{cite news
| title = Man accused of arson pleads to misdemeanor charges
| url = http://www.saljournal.com/rdnews/story/Salinan_pleads_no_contest_to_misdemeanor_charges_1_25_08
| work = [[The Salina Journal]]
| date = [[January 25]], [[2008]]
| accessdate = 2008-05-11
| language = English
}}</ref>
If the arson involved a "breaking and entering", the second charge of [[burglary]] is usually attached.<ref>3 Charles E. Torcia, Wharton's Criminal Law § 326 (14th ed. 1980)</ref> It is possible for the [[death penalty]] to be applied in cases where arson is deemed to be a method of homicide, as was the recent case in [[Texas]] of [[Cameron Willingham]].
==English and Scots Law==
In [[English law]], arson was a common law offence most recently redefined and codified by the [[Criminal Damage Act 1971]].
{{seealso|Criminal damage in English law#Arson}}
In [[Scots Law]], the term "fire-raising" has always been used rather than 'arson' though the meaning of the offence is the same.
==Motives==
[[Image:Skyline Parkway Motel Burned.jpg|thumb|280px|right|The Skyline Parkway Motel at [[Rockfish Gap]] after arson on [[July 9]], [[2004]].]]
The possibility of financial gain often drives arsonists to file fraudulent [[insurance claim]]s after setting a fire. Indeed, the most common motive for arson is profit.<ref name="Social Jrank">{{cite web
|url= http://social.jrank.org/pages/1272/Property-Crime-Arson.html
|title= Property Crime - Arson
|accessdate= 2008-05-11
|work= Social Issues Reference
|language= English
}}</ref> The ongoing [[subprime mortgage crisis]] may lead to an increase in home arsons.<ref>[http://www.insurancefraud.org/downloads/FF-Fall07.pdf LATEST MORTGAGE CRUNCH MAY IGNITE HOME ARSONS]</ref>
Some arson is committed in an effort to conceal or disguise other crimes. Some may be committed by 'enforcers' of protection rackets as consequences of failing to pay [[extortion]]ists.
Revenge drives some arsonists.<ref>[http://www.chicagotribune.com/news/local/chicago/chi-0703130198mar13,1,4359799.story?coll=chi-newslocalchicago-hed chicagotribune.com]</ref> Victims’ property is often damaged or destroyed, compromising physical safety and sometimes causing [[personal injury]]. [[Domestic violence]] sometimes results in arson.<ref>[http://www.topix.com/city/dorr-mi/2007/10/domestic-violence-case-escalates-to-arson topix.com]</ref> Firefighters are occasionally found to have committed arson, with motives including revenge, pyroterrorism or [[pyromania]]. <ref>[http://www.aic.gov.au/publications/bfab/bfab016.html]</ref><ref>[http://www.cbsnews.com/stories/2002/11/20/60II/main530103.shtml]</ref>
Anger and frustration are behind the arsons perpetrated by [[juvenile (law)|juvenile]] vandals.<ref>[http://www.webmd.com/mental-health/news/20031029/inside-arsonists-mind webmd.com]</ref> Vandalism through fire often occurs in vacant or abandoned buildings - for instance schools. Cities usually encourage owners to secure vacant buildings. [[Fire department]]s aggressively attack fires in abandoned buildings out of concern for the transient or homeless people that may be dwelling inside.<ref>[http://www.wlox.com/Global/story.asp?S=7738398 wlox.com]</ref><ref>[http://findarticles.com/p/articles/mi_qn4179/is_19990527/ai_n11725363 findarticles.com]</ref><ref>[http://chronicle.augusta.com/stories/110605/met_5627693.shtml chronicle.augusta.com]</ref>
[[Political ideology]] motivates some acts of arson. For example, some members of the [[Earth Liberation Front]] are believed to have set fires to structures in order to spread a message of environmental protection.<ref>[http://seattletimes.nwsource.com/html/localnews/2003289715_uwfire05m.html seattletimes.nwsource.com]</ref><ref>[http://judiciary.house.gov/media/pdfs/Pansini071106.pdf judiciary.house.gov]</ref> And in virtually every human conflict/[[war]] throughout history, acts of arson have been committed or attributed to each side of the conflict, such as in the [[American Civil War]]<ref>[http://www.amazon.com/Confederate-Dirty-War-Bombings-Assassination/dp/0786419733 amazon.com]</ref>, [[Kristallnacht]] - crystal night - [[pogrom]]s in Nazi Germany in 1938 when ~1000 Jewish [[synagoge]]s were burnt or most recently, [[Serbia]]n protests of [[Kosovo]]'s Independence, at the Serbia-Kosovo border on [[February 19]],[[2008]]<ref>[http://news.bbc.co.uk/2/hi/europe/7252874.stm news.bbc.co.uk]</ref> and at the [[American Embassy]] in [[Belgrade]] on [[February 21]],[[2008]].<ref>[http://news.bbc.co.uk/2/hi/europe/7256158.stm news.bbc.co.uk]</ref>
It was rumored that Roman emperor [[Nero]] purposefully ordered the [[Great Fire of Rome]], which erupted on the night of [[July 18]], [[64]] [[Common Era|CE]]. In reality, the fire started from the shops selling flammable goods at the southeastern end of the [[Circus Maximus]] and reportedly lasted for nine days.<ref>[http://www.eyewitnesstohistory.com/rome.htm eyewitnesstohistory.com]</ref>
Political power motivates others, such as the notorious [[Reichstag fire]] of 1933, when the main parliament building in [[Germany]] was burnt to the ground. A young Dutchman, Marius van der Lubbe was found in the building after the fire had started, and he confessed to the deed. However, recent research in the [[Gestapo]] archives has shown that the [[Nazi]]s were actually responsible and used the boy as a [[scapegoat]]. A part of SA storm-troopers entered the building along a tunnel from [[Goering]]'s Presidential palace and set fire to the central chamber using self-igniting mixtures. It is clear from the original fire investigation that no single person could have started so many small fires in the short time available.
== See also ==
{{portal|Fire|Large bonfire.jpg}}
* [[Incendiary device]]
* [[Fire investigation]]
* [[Firebombing]]
* [[Pyromania]]
* [[Reckless burning]]
* [[ATF Fire Research Laboratory]]
* [[Herostratus]]
* [[John Magno|Woodbine Building Supply arson]]
* [[Gävle goat]]
==References==
* 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 ==
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[[Category:Crimes]]
[[Category:Fire]]
[[Category:Arson| ]]
[[de:Brandstiftung]]
[[es:Delito de incendio]]
[[ko:방화]]
[[nl:Brandstichting]]
[[ja:放火及び失火の罪]]
[[no:Brannstiftelse]]
[[pl:Podpalenie]]
[[ru:Поджог]]
[[simple:Arson]]
[[sl:Požig]]
[[fi:Tuhopoltto]]
[[sv:Mordbrand]]
[[zh:縱火]]