Criminal law
Part of the common law series
Criminal elements
Actus reus · Causation · Concurrence
Mens rea · Intention · Recklessness
Criminal negligence · Ignorantia juris…
Strict, Corporate & Vicarious liability
Crimes against people
Assault · Battery · Robbery
Sexual offences · Pimping · Rape
Kidnapping · Manslaughter · Murder
Crimes against property
Property damage · Arson
Theft · Burglary · Deception
Crimes against justice
Obstruction of justice · Bribery
Perjury · Malfeasance in office
Inchoate offenses
Attempt
Conspiracy · Accessory
Criminal defenses
Automatism, Intoxication & Mistake
Insanity · Diminished responsibility
Duress · Necessity
Provocation · Self defence
Other areas of the common law
Contract law · Tort law · Property law
Wills and trusts · Evidence
Portals: Law · Criminal justice

Arson,^[1] 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. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved Causation is the "causal relationship between conduct and result In Western Jurisprudence, concurrence, (or contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. In the Criminal law, intention is one of the three general classes of Mens rea necessary to constitute a conventional as opposed to In the Criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting Mens rea (the In the Criminal law, criminal negligence is one of the three general classes of Mens rea ( Latin for "guilty mind" element required Ignorantia juris non excusat or Ignorantia legis neminem excusat ( Latin for " Ignorance of the Law does not excuse" In Criminal law, strict liability is liability for which Mens rea ( Latin for "guilty mind" does not have to be proven in relation In the Criminal law, corporate liability determines the extent to which a Corporation as a fictitious person can be liable for the acts and omissions The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity In Criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, Battery is a term used by the Common law jurisdictions which involves an Injury or other Contact upon the Person of another in a manner likely Robbery is the Crime of seizing Property through Violence or Intimidation. A pimp (also called fleshmonger) finds and manages clients for Prostitutes and engages them in Prostitution (in Brothels in most cases and Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person In Criminal law, kidnapping is the taking away or Asportation of a person against the person's will usually to hold the person in False imprisonment Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries Property damage (or in the United Kingdom, criminal damage) is damage to or the destruction of public or private Property, caused either by a In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given In English law, the main deception offences are defined in the Theft Act 1968 (TA68 the Theft Act 1978 and the Theft (Amendment Act 1996 The crime of obstruction of justice includes crimes committed by Judges Prosecutors attorneys general, and elected officials in general Bribery, a form of pecuniary corruption is an act usually implying money or gift given that alters the behaviour of the recipient in ways not consistent with the duties of that person Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a Malfeasance in office, or official misconduct, is the commission of an Unlawful act done in an official capacity which affects the performance of official duties Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself the actions must go beyond mere preparation In the Criminal law, a conspiracy is an agreement between Natural persons to break the law at some time in the future and in some cases with at least one overt act An accessory is a person who assists in the commission of a Crime, but who does not actually participate in the commission of the crime as a joint principal For a more detailed discussion of individual topics see Automatism (case law In the Criminal Law, automatism is a defense to liability Intoxication is the state of being affected by one or more psychoactive drugs. A mistake of fact may sometimes offer exculpation (as in Excuse) by allowing a criminal Defendant some relief from liability for having broken the In Criminal trials the insanity defenses are possible defenses by Excuse, an Affirmative defense by which Defendants argue that In Criminal law, diminished responsibility (or diminished capacity) is a potential defense by Excuse by which Defendants argue that For English law on the criminal defence see Duress in English law. In Criminal law, necessity may be either a possible justification or an exculpation for breaking the Law. Also see Provocation in English law. In Criminal law, provocation is a possible defense by excuse or exculpation The right of self-defense (also called alter ego defense, defense of others, defense of a third person) is the right for civilians acting on their A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property The law of trusts and estates is generally considered the body of Law which governs the management of personal affairs and the Disposition of Property of The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment Fire is the heat and light energy released during a Chemical reaction, in particular a combustion reaction. Insurance, in Law and Economics, is a form of Risk management primarily used to hedge against the Risk of a contingent loss ^[2]

Common law definition

At common law, the elements of arson are:

• The malicious Burning Of the dwelling Of another. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive ^[3]

The prosecutor must prove each element beyond a reasonable doubt. The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law ^[4]

Eighteenth-century common law punished arson as a felony. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive In Common law legal systems a felony is a serious Crime, often contrasted with a Misdemeanor. 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. "^[5]

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. The United States of America —commonly referred to as the Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive 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. ^[6]

Arson charges are prosecuted with attention to degree of severity^[7] in the alleged offense: First-degree felony arson^[8] 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,^[9] and so forth. Arson is also variously prosecuted as a misdemeanor^[10] or "criminal mischief" or "destruction of property. A misdemeanor, or misdemeanour, in many common law legal systems is a "lesser" criminal act Mischief, in Criminal law, is an offense against Property that does not involve conversion. Property is any physical or virtual entity that is owned by an individual "^[11] If the arson involved a "breaking and entering", the second charge of burglary is usually attached. ^[12] 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. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. Texas ( is a state geographically located in the South Central United States and is also known as the Lone Star State. Cameron Todd Willingham ( January 9, 1968 &ndash February 17, 2004) born in Carter County Oklahoma, was sentenced to death by the

English and Scots Law

In English law, arson was a common law offence most recently redefined and codified by the Criminal Damage Act 1971. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the In English law causing criminal damage was originally a Common law offence.

See also: 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. In English law causing criminal damage was originally a Common law offence. Scots law is a unique legal system with an ancient basis in Roman law.

Motives

The Skyline Parkway Motel at Rockfish Gap after arson on July 9, 2004. Rockfish Gap is a Wind gap located in the Blue Ridge Mountains near Afton Mountain in the American state of Virginia. Events 455 - Roman military commander Avitus is proclaimed Emperor of the Western Roman Empire. "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again "

The possibility of financial gain often drives arsonists to file fraudulent insurance claims after setting a fire. A claim is a legal action to obtain money property or the enforcement of a right against another party Indeed, the most common motive for arson is profit. ^[13] The ongoing subprime mortgage crisis may lead to an increase in home arsons. The subprime mortgage crisis is an ongoing financial crisis characterized by contracted Liquidity in global credit markets and Banking ^[14]

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 extortionists. Extortion, outwresting, or exaction is a criminal offense, which occurs when a person Unlawfully obtains either money property or services

Revenge drives some arsonists. ^[15] Victims’ property is often damaged or destroyed, compromising physical safety and sometimes causing personal injury. A personal injury occurs when a Person has suffered some form of Injury, either physical or psychological as the result of an Accident or Medical Domestic violence sometimes results in arson. Domestic violence (also known as domestic abuse or spousal abuse) occurs when a family member partner or ex-partner attempts to physically or psychologically dominate ^[16] Firefighters are occasionally found to have committed arson, with motives including revenge, or pyromania. Pyromania is an impulse to deliberately start fires to relieve tension and typically includes gratification or relief afterward ^[17][18]

Anger and frustration are behind the arsons perpetrated by juvenile vandals. In law the term minor (also infant or infancy) is used to refer to a person who is under the age in which one legally assumes Adulthood and is legally ^[19] Vandalism through fire often occurs in vacant or abandoned buildings - for instance schools. Cities usually encourage owners to secure vacant buildings. Fire departments aggressively attack fires in abandoned buildings out of concern for the transient or homeless people that may be dwelling inside. A fire station (also called stationhouse) is a structure or other area set aside for storage of firefighting apparatus (i ^[20][21][22]

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. The Earth Liberation Front ( ELF) also known as " Elves " or " The Elves " is the collective name for anonymous and autonomous ^[23][24] 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^[25], Kristallnacht - crystal night - pogroms in Nazi Germany in 1938 when ~1000 Jewish synagoges were burnt or most recently, Serbian protests of Kosovo's Independence, at the Serbia-Kosovo border on February 19, 2008^[26] and at the American Embassy in Belgrade on February 21, 2008. War is an international relations Dispute, characterized by organized Violence between National Military units Causes of the war See also Origins of the American Civil War, Timeline of events leading to the American Civil War The coexistence of a slave-owning South Kristallnacht ( literally "Crystal night" or the Night of Broken Glass was a Pogrom in Nazi Germany on November 9–10 1938 A pogrom is a form of Riot directed against a particular group whether ethnic religious or other and characterized by destruction of their Homes Businesses A synagogue (from Greek: grc συναγωγή transliterated synagogē, "assembly" he בית כנסת beit knesset, "house of Serbia (Србија Srbija) officially the Republic of Serbia (Република Србија Republika Srbija) is a Landlocked Country Events 197 - Roman Emperor Septimius Severus defeats usurper Clodius Albinus in the Battle of Lugdunum 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Benjamin Franklin established the first overseas mission of the United States in Paris in 1779 Belgrade (Београд Beograd is the Capital and largest city of Serbia. Events 362 - Athanasius returns to Alexandria. 1245 - Thomas, the first known Bishop of Finland 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common ^[27]

It was rumored that Roman emperor Nero purposefully ordered the Great Fire of Rome, which erupted on the night of July 18, 64 CE. Nero Claudius Caesar Augustus Germanicus ( December 15, 37 – June 9, 68) born Lucius Domitius Ahenobarbus, also called According to the historian Tacitus, the Great Fire of Rome started on the night of 18 July in the year AD 64, among the shops clustered around the Events 390 BC - Roman - Gaulish Wars Battle of the Allia - a Roman army is defeated by raiding Gauls, Year 64 was a Leap year starting on Sunday (link will display the full calendar of the Julian calendar. 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. The Circus Maximus ( Latin for greatest circus, in Italian Circo Massimo) is an ancient Hippodrome and mass entertainment ^[28]

Political power motivates others, such as the notorious Reichstag fire of 1934, when the main parliament building in Germany was burnt to the ground. On 27 February 1933, the Reichstag building was subject to an arson attack and as a result seen as the pivotal event in the establishment of Nazi Germany Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. 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 Nazis were actually responsible and used the boy as a scapegoat. The ( contraction of ge heime Sta ats' po' lizei: "Secret State Police" was the official Secret police of Nazi Germany Nazism, which was a short name for National Socialism (Nationalsozialismus refers primarily to the Ideology and practices of the National Socialist German scapegoat was a Goat that was driven off into the wilderness as part of the ceremonies of Yom Kippur, the Day of Atonement in Judaism during the times 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. Hermann Wilhelm Göring (also spelled Goering) (12 January 1893 15 October 1946 was a German Politician, Military leader and a leading member 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

• Incendiary device
• Fire investigation
• Pyromania
• Reckless burning
• ATF Fire Research Laboratory
• Herostratus
• Woodbine Building Supply arson
• Gävle goat

References

• White, J. Incendiary devices or incendiary bombs are Bombs designed to start Fires or destroy sensitive equipment using materials such as Napalm, Thermite Fire investigation, sometimes referred to as origin and cause investigation, is the analysis of fire-related incidents Pyromania is an impulse to deliberately start fires to relieve tension and typically includes gratification or relief afterward Reckless burning is a Crime that involves illegally setting Fire to something not of building proportions such as leaves or trash The Fire Research Laboratory ( FRL) is part of the Bureau of Alcohol Tobacco Firearms and Explosives (ATF an investigative agency within the United States Herostratus ( ‘Ηρόστρατος) was a young man who set fire to the Temple of Artemis at Ephesus (in what is now western Turkey) in his John Magno The Gävle Goat (known in Swedish as the Julbocken i Gävle or Gävlebocken) is a giant version of a traditional Swedish Yule Goat & 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