NCJ Number
54076
Date Published
1976
Length
43 pages
Annotation
THIS MANUAL FOR GEORGIA ARSON INVESTIGATORS DISCUSSES STATE LAW REGARDING ELEMENTS OF ARSON, BURDEN OF PROOF IN PROSECUTING AN ARSON CASE, ARSON INVESTIGATION, AND SEARCH AND SEIZURE LIMITATIONS.
Abstract
GEORGIA LAW DESCRIBES THREE DEGREES OF ARSON AND SEVERAL ARSON-RELATED OFFENSES INCLUDING CRIMINAL POSSESSION OF EXPLOSIVES AND INCENDIARIES, CRIMINAL TRESPASSING, CRIMINAL DAMAGE OR DESTRUCTION OF BUILDINGS, FRAUDULENT INSURANCE CLAIMING, AND STARTING A FIRE IN PROHIBITED AREAS. TO CONVICT A PERSON OF ARSON, THE PROSECUTION MUST BE ABLE TO PROVE THAT A CRIME OCCURED, ESTABLISH THAT THERE IS SOME NONACCIDENTAL DAMAGE DONE TO PROPERTY THAT IS NOT OWNED BY THE DEFENDANTS, AND SHOW THAT THE DAMAGE WAS 'KNOWINGLY' DONE. TYPES OF EVIDENCE ADMISSIBLE IN AND NECESSARY TO ARSON CONVICTION ARE DISCUSSED. INVESTIGATION OF ARSON SHOULD BEGIN AS SOON AS POSSIBLE AFTER IT IS KNOWN THAT A FIRE OR EXPLOSION HAS OCCURED. FIRE FIGHTERS SHOULD DISCOVER EVERYTHING THEY CAN ABOUT THE FIRE'S ORIGIN, MAKE NOTES OF ANYTHING THAT APPEARS UNUSUAL AT OR IN THE VICINITY OF THE FIRE SCENE, AND PRESERVE ANYTHING WHICH MIGHT BE ARSON EVIDENCE. A CHECKLIST FOR FIRE INVESTIGATORS IS PROVIDED. GEORGIA STATUTES DESCRIBING THE AUTHORITY OF THE STATE FIRE MARSHAL AND OTHER DELEGATES TO ENTER AND EXAMINE BURNT BUILDINGS ARE OUTLINED, AND THE LAW ON THE NEED FOR SEARCH WARRANTS IS PRESENTED. AN ARSON INDICTMENT SHOULD CONTAIN A DESCRIPTION OF THE DAMAGED PROPERTY AND OF THE PROPERTY'S LOCATION, THE NAME OF THE PROPERTY OWNER, THE SUSPECTS NAMES, AND THE MEANS BY WHICH THE SUSPECT STARTED THE FIRE. INDICTMENT FORMS FOR THE VARIOUS ARSON OFFENSES ARE PROVIDED. (DAG)