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NCJRS Abstract

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NCJ Number: 97632 Add to Shopping cart Find in a Library
Title: Managing Arson Control Systems - A Study of Arson and Anti-Arson Efforts in a Selected Sample of Jurisdictions, Volume 4 - Arson Prosecution
Author(s): H C McClees; A J Decker; D J Carpenter
Corporate Author: International Assoc of Fire Chiefs
United States of America
Date Published: 1982
Page Count: 102
Sponsoring Agency: International Assoc of Fire Chiefs
Washington, DC 20036
National Institute of Justice (NIJ)
Washington, DC 20531
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
US Dept of Justice NIJ Pub
Washington, DC 20531
Grant Number: 79-NI-AX-0119
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Survey
Language: English
Country: United States of America
Annotation: This text examines the arson investigation aspects of arson control, discusses adult and juvenile prosecution for arson, and analyzes arson law.
Abstract: Attention is focused on common law and on statutes that have expanded the common law definition of arson. Indictment for the crime of arson is shown to require an allegation of all the essential elements of arson: that there was a burning and that it was done willfully and maliciously. Moreover, if a particular arson statute makes ownership or possession an element of the defense, the ownership or possession of the property burned must be stated. The elements of the corpus delicti of the crime of arson are discussed; the need for the prosecution to show the criminal connection of the accused with the burning is cited. Defenses of the accused are reviewed, and arson-for-profit and insurance fraud are examined. The text examines the potential effectiveness of proposals for statutory revision of arson laws in 10 States. Arson laws in Arizona, California, Maryland, Michigan, North Carolina, Ohio, Oregon, Pennsylvania, Texas, and Virginia are analyzed; State-by-State comparison of hypothetical arson fires to the degree of crime chargeable and punishment taken is also included. Also explained are documentation of a case for prosecutors. Case screening procedures are also addressed. One exhibit and 12 tables are provided.
Index Term(s): Arson; Arson for profit; Arson investigations; Arsonists; Prosecution; State laws; State-by-state analyses
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