NCJ Number
131278
Date Published
1988
Length
46 pages
Annotation
Drawing on State arson prosecutors' guides and other literature as well as presentations made at the first in a series of conferences for arson prosecutors, this manual provides practical and technical guidance on arson prosecution.
Abstract
The manual opens by advising prosecutors that convictions can be obtained in arson cases if prosecutors and investigators cooperate and pursue cases imaginatively and aggressively. A discussion of the role of the prosecutor in arson investigations addresses legal issues associated with a fire-scene search, cause-and-origin determination, documentation of the fire scene, the collection and analysis of fire debris samples, and the development of the criminal case. The latter topic covers the identification and interviewing of witnesses, development of evidence of motive, the composition of investigative reports, and the timing of arrests. The discussion of tactics and strategies in arson prosecution considers the arson prosecution structure, prosecutorial case screening, determination of the mode of charging, statutes applicable to arson prosecutors, witness preparation, and trial tactics. Trial tactics encompass jury selection; the opening statement; the order of witnesses and evidence presentation; tactics for various witness types; physical evidence; tape recordings, photographs, videotapes, diagrams, and architectural models; countering defenses; and the closing argument. Juvenile cases are discussed in a separate section. Appended matrix of issues and sources and 30 references