NCJ Number
82697
Date Published
1982
Length
8 pages
Annotation
This paper focuses on proving the incendiary nature or corpus delicti of an arson fire, with attention to arson laws, basic investigative procedures, and court presentation.
Abstract
A brief discussion regarding the definition of arson emphasizes that such investigations involve disproving other fire causes or showing negative corpus, since a fire is incendiary by definition if it is not accidental. Provisions of the model arson law adopted by most State in the 1950's are summarized, followed by an outline of investigative procedures. In this framework, the initial crime scene investigation encompasses searching the scene, collecting samples, and photographing and sketching the site. The second phase, the followup investigation, includes all efforts related to preparing a case for court. Examples of these activities are securing physical evidence, submitting samples for laboratory analysis, insurance investigations, interviews, and interrogating suspects. The followup stage also is concerned with establishing the modus operandi and crime motive and concludes when the investigator presents a report to the district attorney. In the final phase, the fire investigator acts as an expert witness in court. Types of evidence commonly used to prove incendiary fires are identified, such as the use of accelerants, evidence of prefire preparation for arson, and unusual burning. Footnotes and seven references are provided.