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43 J. Crim. L. Criminology & Police Sci. 53 (1952-1953)
Legal Aspects of Arson

handle is hein.journals/jclc43 and id is 65 raw text is: LEGAL ASPECTS OF ARSON William C. Braun The author is Chief Special Agent of the National Board of Fire Underwriters. He presented the following article at the Eighth Annual Seminar in Arson Detection and Investigation, Public Safety Institute, Purdue University, West Lafayette, Indiana. April 28-May 2, 1952.-EDIToR. Arson is a peculiar crime. It is committed covertly and in secrecy, and consequently, the admissibility and sufficiency of evidence are prob- lems to be solved. A conviction, if possible, is generally the result of an accumulation of numerous bits of circumstantial evidence. The prosecuting attorney, of necessity, is impelled to offer evidence bordering on the imaginary line which separates the admissible from the inad- missible. Now for a moment let us consider the old common law crime of arson which consisted of the wilful and malicious burning of the house or outhouse of another man. It could not be committed by burning an unoccupied dwelling. While the house had to be occupied, it was not necessary that the occupant be in the building at the time of the fire. The crime also included setting fire to any outhouses which were used in connection with the dwelling and which were located close enough so that the flames would endanger the occupants of the dwell- ing. The crime was against the security of the home and not against property and, therefore, the occupant could not commit the crime by burning the house in which he lived. It is easy to see that arson at common law was confined to very narrow limits. Other burnings were punishable, not as arson, but as high misdemeanors. To remedy the inadequacies of the common law, the legislatures of the various states gradually began to extend and broaden the definition of the crime, until today it covers all kinds of buildings and structures, even including personal property. Now the crime of arson includes the burning of the one's own property, whereas, at common law, it was limited to the burning of the dwelling house occupied by another person. While the legislative enactments in some states were adequate, in others they fell short. The Model Arson Law was designed not only to bring about uniformity but to correct the deficiencies of the common law and the statutory laws. As will be seen later, the Model Law covers practically any intentional burning that can occur and makes it much easier than before to convict the arsonist. At the present time, all states are operating under this law, with the exception of Maine, Minnesota, New York, Oklahoma, Tennessee, Texas and Washington.

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