Arson: A Serious Crime with Severe Penalties
Arson is a crime that involves intentionally setting fire to any kind of building or construction. This type of crime is usually done with the purpose to harm the building's owner or occupant. It is intentional and deliberate. It is a severe offense that carries a common law penalty. Most judgments classify arson as a crime; as a result, it is punishable by either imprisonment or execution. Numerous jurisdictions carry out the crime in accordance with the seriousness of the accused's criminal purpose. This implies any evidence that points to the fact the offense was committed with intent will result in a longer prison sentence as compared to having an evidence that shows that it occurred recklessly. In arson crime, the most important element considered is the human life and therefore, any endangering of a human life is a sure way that the penalty will be most severe.
Motives and Investigation of Arson
Intentions for arson normally range from efforts to collect insurance money as a form of revenge or intimidation, a way of covering up a crime, and destructing dubious business records. Most arson attacks reported were found to be an attempt to collect insurance money. In cases where the arson is suspected to be an insurance fraud, the first step involves interrogating the firefighters and other witnesses. The investigator will then conduct a complete investigation into the insurance policy holder's background and funds and all other aspects relating to the insurance company involved. However, the tracing of evidence is not easy because the perpetrators will always perform their acts in a very technical way that makes it hard to detect and understand its origin.
Investigation Process and Degree of Arson
After the eruption of fire, the most important thing that will follow will be the criminal investigation so as to determine whether it is a criminal act or not and also to determine the degree of damage if arson is suspected. This paper primarily focuses on the steps taken once the crime has been identified as arson that can lead to the prosecution of a criminal. After arson is suspected, the next important step will be the investigation process that involves searching for evidence that may proof an arson attack in the crime scene. Arson investigation is not just about finding the source of fire but it is more about finding the truth of the situation. During the investigation process, important elements will be taken into consideration that might help in pointing out the possibility of proving the fire as arson. In this process, the most important elements necessary to prove arson are evidence of a burning building and evidence that a criminal act caused the fire. This implies that the search for evidence must be conducted so as to prove that the accused intended to burn a building or a structure.
As part of the investigation process, it is required by the law to evaluate the degree of arson. The degree of arson is normally divided depending on the value of the burnt property, its use and time for which the burning occurred whether it is day or night. The degree of the crime is varied according to the criminal intent of the accused. In this case, the arson attack intended to endanger human life is considered to be a first-degree. This applies to the burning of the occupied building at night. In this regard, the burning of a structure or a build that is very close to a dwelling is considered to be second-degree arson and lastly, burning of a structure with the intention of defrauding the insurer is considered to be the third-degree arson. It is, therefore, important to determine the degree of the arson so as to determine the type of punishment to impose on the criminal. In most cases, arson is punishable by death because it exposes human life in danger (Salfati & Dupont, 2006).
Evidence Collection and Case Study
Evidence searching in the crime scene is very critical because it is what will take the investigation process to the next level of finding the culprit once it is proven that it was an intended criminal act. The evidence searching in the crime scene is normally done in a though background checks that involves having a complete check of the owner of the building, occupant, victim and the caller. This investigative procedure will help in determining whether there was a third party involved that may have provoked the fire.
Arson investigation process fundamentally focuses on four important areas that might provide leading information to the criminal behind the act (Fisher & Fisher 2012). First, the expert will be involved in this process with the aim of proofing the qualified cause and origin of the fire in the crime scene. Secondly, the investigation process will mainly focuses on the security of the building regarding the exact time when the fire was discovered and the person who had access to it. Thirdly, the investigation process will focuses on the insured's financial condition, profit or loss from operations and cash flow. This is mainly done with the intention of proofing any kind of motive. Lastly, is the focus on the miscellaneous connecting evidence which involves having a total examination of the insured's insurance history, operability of fire and burglar detection systems, and the manner in which the insured learned about the fire.
The first responders at a fire scene also can help in the investigation process by properly observing the conditions and activities and provide the investigators with an accurate and complete depiction of the situation when they arrived at the scene. This will help in offering ideas regarding what might have caused the fire. The chances of identifying the criminal increases with the integration of the forensic science in the crime scene investigation that involves the collection of the culprit's DNA and the fingerprints that may be found at the crime scene (Fish, Miller, Braswell & Wallace, 2013). Forensic science is a method that can be used to increase the possibility of tracing evidence in the shortest time possible.
A Case Study: Todd Willingham
The case study is Todd Willingham who was executed in 2004, in Texas. Todd was suspected of having caused fire at the house where the occupants were his three young children. After the house was reported to be under flames, the investigators rushed to the scene. According to these investigators, their examination of the crime scene suggested that the fire was not accidental but deliberate. The investigators admitted to have witnessed a rather deliberate burning as they mentioned to be evident in the fire patterns observed. Due to their suggestive fire patterns, the investigation had to be carried out at a different level that involves determining what might have provoked the fire that led into the eruptions of the flames that the investigators witnessed that suggested that the fire patterns observed at the scene could only have been created by a liquid accelerant (Santtila, Fritzon, & Tamelander, 2004). The victims of the fire were the three young children who died instantly and Todd Willingham was convicted of setting the house on fire 1991, and was executed in 2004. After he was imprisoned for first-degree arson, the investigation continued at the scene as way finding more evidence. The investigative procedure was carried out and it involved performing the chemical tests of debris in the suspected area of origin. The crime investigation went for some time while searching for evidence that might incriminate or free the accused. The chemical tests performed on the debris proved to be negative. After a long period of investigation process, the experts had to review the results obtained in the investigation process and the evidence traced suggested that the most likely cause of the fire was accidental. This was rather unfair judgment because the investigation took a very long time to prove the innocence of the accused when it was too late.
Conclusion
From the above discussions, it is evident that arson is a very serious crime because it exposes the lives of the occupants of the building at a greater risk and hence calls for severe punishments. This implies that proper investigations have to be carried out so as to avoid any mistakes that might lead to wrong convictions and injustices. The investigators are required to take proper steps when carrying out the investigation so as to produce accurate results. Also, use of forensic science must be adopted so as to identify the culprit accurately at the crime scene as soon as possible and hence can determine whether there was a third party involved or not.
References
Fisher, B. A., & Fisher, D. R. (2012). Techniques of crime scene investigation. crc Press.
Fish, J. T., Miller, L. S., Braswell, M. C., & Wallace, E. W. (2013). Crime scene investigation. Routledge. Raymond, J. J., van Oorschot, R. A., Gunn, P. R., Walsh, S. J., & Roux, C. (2009). Trace evidence characteristics of DNA: a preliminary investigation of the persistence of DNA at crime scenes. Forensic Science International: Genetics, 4(1), 26-33.
Salfati, C. G., & Dupont, F. (2006). Canadian homicide: An investigation of crime-scene actions. Homicide Studies, 10(2), 118-139.
Santtila, P., Fritzon, K., & Tamelander, A. L. (2004). Linking arson incidents on the basis of crime scene behavior. Journal of Police and Criminal Psychology, 19(1), 1-16.
