Date
Arson
Arson is a criminal activity in which an individual sets fire deliberately to property. The motivation for arson is revenge, sheer vandalism or jealousy. It can also be motivated by fun, especially among teenagers. Moreover, arson can be motivated by a desire to conceal crime such as murder crimes. Arson cases are difficult cases to prosecute in a court of law. The reason behind this is that most of them are done in secrecy. Besides, most evidence is lost in the fire. Further, during prosecution, it is hard to prove the motive behind the arson, and most of the evidence in an arson case is circumstantial. It is usually hard to get witnesses in an arson case. There are various aspects related to arson. These are technical, legal and social aspects (U. S. Department of Homeland Security U.S. Fire Administration 2013).
A fire investigation is a complex process. It requires skills, knowledge and science. Any inquiry into fire needs to be systematic and have a scientific foundation. The data collected should be factual and truthful. Further, the process of data collection should be objective. It should be free of bias, preconceptions and prejudice. A systematic inquiry into a fire unearths critical data necessary for proper evaluation. A scientific approach to a fire should be first to identify the source/origin of a fire, and then determine the cause of the fire. Some causes could include explosives, or oxidants. An investigator should also establish the circumstances surrounding the fire. These circumstances could include aspects such as agencies that brought the fuel/explosives used in a fire. An investigator should avoid presumptions. One should not have a preformed idea on the ignition sequence, cause of fire, responsibility or origin of the fire. Upon the analysis of empirical data collected in the scientific method, the investigator gets solutions to the problem. An investigator should also avoid expectation bias. Expectation bias results when an investigator reaches a conclusion prematurely without having analysed all aspects of the data (U. S. Department of Homeland Security U.S. Fire Administration, 2013).
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Collection of evidence in a suspected case of arson should begin immediately upon arriving at the fire scene. An investigator should commence documentation of evidence immediately upon arrival. The investigator should document the condition and location of the fire victims and witnesses. Other information to be collected include any movement of vehicles or people, some of which could be unusual. Other aspects include the first safety personnel to arrive at the scene, weather conditions, colour of the flames and smoke and its direction, nature and state of the buildings and its surrounding, any fire suppressing techniques, status of sprinklers and fire alarms. The investigator should also evaluate for evidence of incendiary or explosives. Other evidence includes foot imprints, tire impressions, presence of broken windows or doors, indications that there was forced entry (Pack, 2018).
An investigator should also be aware of activities that may suppress evidence. These activities include fire suppression activities that may wash evidence, physical movement of critical evidence, people (victims and witnesses), use of tools to probably gain entry into a building thus distorting initial evidence, vehicles at the scene of the fire. To protect loss of evidence, the investigator should ensure there is no excessive fire suppression, and that unnecessary destruction of property is limited. The investigator should obtain the phone numbers and physical address of the victims and witnesses. Also, the investigator should initiate video and note recording immediately upon arriving at the fire scene. Bodies of victims should also be left undisturbed in the initial period of investigation. Any evidence that can be destroyed by fire should also be removed and preserved (Pack, 2018).
The prosecution of an arson case is difficult, especially if the prosecutor is inexperienced. It requires specialized legal and technical expertise. It is usually difficult to establish the motive of the arson. Often, there are no eyewitnesses to collaborate with the evidence. If there are no deaths in an arson case, there is usually a dilemma on whether the case should be a civil case between the plaintiff and the insurance company or a criminal case. The situation is highly confusing to the jury. Evidence protection is a critical legal aspect of an arson case. To protect loss of evidence, the investigator should ensure there is no excessive fire suppression, and that unnecessary destruction of property is limited. The investigator should obtain the phone numbers and physical address of the victims and witnesses. Also, the investigator should initiate video and note recording immediately upon arriving at the fire scene. Bodies of victims should also be left undisturbed in the initial period of investigation. Any evidence that can be destroyed by fire should also be removed and preserved (U. S. Department of Homeland Security U.S. Fire Administration 2013).
Arson also has some social aspects. Sometimes, arson is connected to insurance. A person may torch his/her property to get an insurance settlement for immolation damage. Mostly, individuals burn houses that are not in use or real estates. This puts a twist to the case to become a civil case between the insurance company and the plaintiff. An insurance company sometimes might decide to investigate to find if there is a connection between the arson and the settlement of the insurance policy (HG.Org Legal Resources, 2020) . Another social aspect of arson is the motivation behind an arson. Some arsonists are revenge arsonists. Revenge arsonists are the most prevalent type of offenders and tend to seek revenge from an argument or either hatred. They mainly use only gasoline and a matchbox and are usually intoxicated when carrying out the act. Another motivation to commit arson would be sheer vandalism. Vandalism is seen mainly among teenagers. They do this for fun or as a sporting activity. The arson, in this case, involves many people and thus there are many accomplices. Churches, schools and vacant structures are typical structures that teenager target (Law.jrank.org, 2020) .
There are various laws and standards that relate to the fire department. The NFPA standards guide the operations of fire departments. There are about 300 consensus codes and standards. These helps in the operations of a fire department to minimize the happening of a fire and reduce its effect. On the other hand, the Occupation Safety and Health Act of 1970 has the goal of reducing workplace-related hazards. It ensures that there are safety and health programs for the employers and employees. It confers various rights to the employee. An employee has the right to training on hazards at the workplace and how to avoid them. The employee also has the right to documentation related to workplace injuries and illness, and a right to request an inspection of a facility/department by the OSHA. Conversely, an employer has the duty to ensure that the workplace is hazard-free. An employer also should eliminate any possible hazard and keep a record of work-associated injuries. It is also the duty of an employer to train employees on workplace safety (FindLaw., 2018) .
In conclusion, arson is a difficult case to prove in a court of law as it relies heavily on circumstantial evidence. It is also difficult to demonstrate the motivation behind an arson case. Moreover, getting evidence is challenging as most of the evidence is lost in the fire. Therefore, the investigation of an arson case requires skills and knowledge. Scientific investigation has a good chance of establishing the facts surrounding an arson case. Here, the investigator identifies a problem and collect relevant data related to the fire. After the analysis of the data, the investigator can come into conclusion regarding the fire. The process needs to be systematic and devoid of bias and prejudice. The investigator should ensure the protection of evidence. Finally, the Occupation Safety and Health Act and NFPA standards stipulate the necessary prerequisites of a fire department.
References
FindLaw. (2018, December 5). Workplace Safety: OSHA and OSH Act Overview . Retrieved from FindLaw.: https://employment.findlaw.com/workplace-safety/workplace-safety-osha-and-osh-act-overview.html
HG.Org Legal Resources. (2020). Intersection between Arson and Insurance Fraud . Retrieved from HG.Org Legal Resources: https://www.hg.org/legal-articles/intersection-between-arson-and-insurance-fraud-44457
Law.jrank.org. (2020). Arson: Behavioral and Economic Aspects . Retrieved from Law.jrank.org: https://law.jrank.org/pages/529/Arson-Behavioral-Economic-Aspects-Offender-types.html
Pack, L. (2018, August 28). Arson fires difficult, but not impossible to solve . Retrieved from Journal News: https://www.journal-news.com/news/crime--law/arson-fires-difficult-but-not-impossible-solve/4qy8FBKKlyspRYunEhGDbP/
U. S. Department of Homeland Security U.S. Fire Administration. (2013). Arson Victims: Suggestions for a System Response. New York: FEMA.
