NCJ Number
75904
Editor(s)
D Tilton,
S Hintz
Date Published
1980
Length
314 pages
Annotation
This volume is the second part of a two-volume manual on arson. Devoted to arson prosecution, it provides the prosecutor with an understanding of current arson law, methods for effective trial preparation, and substantive trial techniques.
Abstract
The introduction addresses the prosecutor's responsibility in bringing perpetrators of arson to justice--a challenging objective because of the difficulty in proving arson charges. Arson investigators and prosecutors are seen as society's spearhead against this uniquely destructive crime form. Their cooperation is crucial, and prosecutors are urged to become thoroughly acquainted with fire science and arson investigation procedures. A statistical survey of arson in the United States is presented, citing the number of arson arrests, offender characteristics, and the incidence of city fires and incendiary wildfires. California's fire characteristics are analyzed specifically, as is its arson law. Arson law is then summarized from the national perspective. Types of criminal motivation for firesetting are discussed as is the relationship of arson to fraud and organized crime. Arson and the juvenile is a topic considered in an examination of the psychodynamics of firesetting and normal versus pathological behavior at certain age levels. Furthermore, prosecutorial involvement is described as beginning with reviewing a request for prosecution; evaluation at this step concerns the origin of the fire, its cause, and the identity of the perpetrator. Preparatory steps are outlined for prosecutorial activity at the preliminary hearing, before the grand jury, and at the trial. Material analyzing the motives and psychiatric profiles of the pathological firesetter is offered for a thorough understanding of the mental responsibility issue in arson cases. Finally, forensic science investigations are related to the successful prosecution of arsonists. The appendix consists of a glossary, paragraphs from the penal code of California, and model arson penal law. Illustrations and notes to individual chapters are provided; an index to the volume is given.