GIVEN TO THE INTERNATIONAL ASSOCIATION OF ARSON INVESTIGATORS, THIS PORTION OF A SPEECH BY AN ATTORNEY DISCUSSES THE ORIGINS OF ARSON AND INCENDIARISM LAWS; THE CURRENT DEFINITION AND LEGAL CLASSIFICATIONS OF ARSON; AND THE BASIC PROBLEMS FACED BY INVESTIGATORS AND LAWYERS. THESE PROBLEMS INVOLVED (1) THE ELEMENTS OF PROVING AN ARSON OR INCENDIARISM CASE; (2) THE KINDS OF TESTIMONY AND OTHER EVIDENCE THAT CAN BE USED; AND (3) THE USE OF STATEMENTS BY THE PARTIES AND OTHER PARTICIPANTS. ELEMENTS OF PROOF MUST INCLUDE EVIDENCE THAT THERE WAS A BURNING, THAT THE FIRE WAS OF AN INCENDIARY ORIGIN, AND THAT THE CRIMINAL DEFENDANT OR INSURANCE CLAIMANT WAS RESPONSIBLE FOR THE FIRE. THE DISTINCTION BETWEEN INTENT AND MOTIVE IS DISCUSSED AS WELL AS PROBLEMS FACED IN RECONSTRUCTING THE FIRE (FIXING POINT OF ORIGIN AND TALKING/GATHERING INFORMATION FROM NEIGHBORS, FOR EXAMPLE). MOTIVE AS AN ELEMENT IN PROOF OF ARSON IS ALSO DESCRIBED AND SOME COMMON MOTIVES ARE LISTED--FINANCIAL GAIN, DESTRUCTION OF INCRIMINATING EVIDENCE, AND ILL WILL OR PERSONAL ANIMOSITY. TYPES OF EVIDENCE USED IN PROVING ARSON CASES--DIRECT AND CIRCUMSTANTIAL--ARE OUTLINED AND ILLUSTRATED BY THE DISCUSSION OF AN ACTUAL ARSON CASE. DRAWING ON ADDITIONAL CASES, THE PRESENTATION DISCUSSES THE PREPONDERANCE OF EVIDENCE IN CIVIL CASES AND THE MAJOR PROBLEMS IN PROVING AN INCENDIARISM CASE INCLUDING USE OF WITNESS AND EXPERT WITNESS TESTIMONY. (AOP)