fia4

FIR 4305, Fire Investigation and Analysis 1

Course Learning Outcomes for Unit IV Upon completion of this unit, students should be able to:

4. Explain the legal foundation for conducting incendiary fire investigation and case preparation. 4.1 Explain the key elements involved in an arson scene investigation.

Course/Unit Learning Outcomes

Learning Activity

4.1 Unit Lesson Chapter 11 Unit IV Case Study

Reading Assignment Chapter 11: Arson Crime Scene Analysis

Unit Lesson Arson and Incendiary Fires Arson is a serious problem in the United States and around the world. In the United States, a major problem in determining the true extent of the problem is that most of the statistics are voluntarily collected, and for many other reasons, arson is often not determined as the cause in incidents where it should be. Some of the reasons for this are listed below.

• Some areas lack resources to investigate fires properly.

• Fire and suppression activities can destroy evidence.

• Prosecutors are sometimes reluctant to prosecute arson because of the difficulty of obtaining a successful verdict.

Despite all of this, the National Fire Protection Association (NFPA) estimates that over one billion dollars a year are lost due to intentionally setting fires in the United States (NFPA, 2017). Arson is defined as the willful and deliberate destruction of property by fire. Although establishing a motive for firesetting is not a legal requirement of the elements of the criminal offense, it can help focus investigative efforts and aid in the prosecution of the arsonist. Motives for firesetting usually include one or more of the following general categories: vandalism, excitement, revenge, crime concealment, profit, and political terrorism. Arson without motive, also referred to as or pyromania, is not considered as an identifiable classification. Figure 4.1 below is a good illustration of some factors that may lead you, as the investigator, to develop a working hypothesis involving an incendiary fire cause. The investigator conducting the cause and origin investigation must not automatically assume that the fire is incendiary just because one or more of these factors are seen; rather, the investigator should proceed with the investigation while keeping in mind that an incendiary fire is a possibility. Preconceived ideas on the cause or biases can derail an investigation before it has a chance to get going, so be sure to guard against these traps. Some of these potential indicators will be discovered by the investigator, and others will be

UNIT IV STUDY GUIDE

Arson and/or Incendiary Fires and Their Investigation

FIR 4305, Fire Investigation and Analysis 2

UNIT x STUDY GUIDE

Title

passed along from bystanders, suppression crews, and witnesses, but all are just pieces of the puzzle that the investigator must consider in a balanced and professional cause and origin investigation. Arson Involving Multiple Fires Arsonists are often involved in starting multiple fires; some fires may be started in different locations, some may involve several fires at the same location, and some may involve fires being set with time between each one. Below are the ways that these types of arsonists are classified. A mass arson is an arsonist who sets three or more fires in one location with no cooling-off period. A spree arson is an arsonist who sets three or more fires at separate locations with no cooling-off period. A serial arson is an arsonist who sets three or more fires with a cooling-off period between fires.

Arson and incendiary fires are often confused. Arson fires are almost always incendiary, but incendiary fires are frequently not arson. The difference lies in the motive, as both fires are set by people who know that the fires should not be set (NFPA, 2017). The criminal act of arson is usually divided into three categories, which are listed below (Icove & Haynes, 2018).

1. Burning of property is present: This must be shown to the court to be actual destruction—at least in part; scorching or sooting alone would not qualify as destruction (although some states include any physical or visible impairment of any surface). As used here, burning includes destruction by explosion.

Figure 4.1: Factors for an incendiary fire or explosion (Icove & Haynes, 2018, p. 666)

FIR 4305, Fire Investigation and Analysis 3

UNIT x STUDY GUIDE

Title

2. Burning is incendiary in origin: Proof of the existence of an effective incendiary device—no matter how simple it may be—is adequate. Proof must be established by exhaustively considering all hypotheses using the scientific method.

3. Burning is started with malice: The fire is started with the intent of destroying property (i.e., a person starts a fire or causes an explosion with the purpose of destroying a structure with fire). The degree of the arson charge in most jurisdictions has to do with the occupancy; first degree corresponds to an occupied structure, second degree corresponds to an unoccupied structure, and third degree corresponds to other property.

Examine the two examples below to help solidify the differences between incendiary and arson fires. Scenario #1: An 8-year-old boy who is playing with matches catches a wastebasket on fire in his bedroom.

• Taking the subject’s age, motive, and intent into consideration, which fire cause classification would you find the cause fits? (Remember the four fire cause classifications—accidental, incendiary, natural, and undetermined).

• What are some possibilities in regard to motive for setting such a fire? What would you consider the intent of the child in examining this fire?

• Finally, would age have any bearing on your conclusion as the cause classification of this fire? Scenario #2: A homeowner begins to heat a pot of food on the stove, and then she leaves. Soon afterward, a fire is noticed coming out the kitchen window and called in by a neighbor. Looking into the background of the homeowner, you find several red flags, such as being several months behind in house payments as well as several police reports of domestic incidents prior to the fire that might suggest a pending divorce.

• Which motive classifications can you think of in this situation?

• How would you classify the cause of the fire? How would you prove intent? Motive and Classifications Motive refers to the state of mind that exists when someone acts or fails to act in a given situation (Rider, 1980). It may be the reason that an individual or group may decide to act or not act. NFPA 1033: Standard for Professional Qualifications for Fire Investigator stresses the importance of determining motive, but it is not an absolute necessity for prosecuting an arson case (NFPA, 2014). It does go a long way in ensuring the evidence is complete and meets the evidentiary requirements for the jurisdiction in which you work. An axiom from the world of prosecutors and defense attorneys is that motive in an arson case is the mortar that holds the elements in place (Icove & Haynes, 2018). To assist the investigator in determining motive for the crime of arson, a widely accepted set of ideas on motive classifications has been synthesized into NFPA 921 where the following list of motive classifications are available for the fire investigator to look into further, and these classifications are also covered in Chapter 11 of the textbook:

• vandalism,

• excitement,

• revenge,

• crime concealment,

• profit,

• extremist beliefs, and/or

• other. To bring all of this together, every fire should have at least a basic cause and origin investigation done for several reasons—one of which is to ensure that criminal activity is discovered and handed over to the prosecutor so that justice can be done. We have established that arson is a very serious issue in America and around the world. Arson is also widely accepted as one of the most difficult crimes to prosecute, so these cases will test the fire investigator and the investigative processes like no other, as every step will be scrutinized by the defense side of the case. By using the scientific method; following NFPA guidelines; and adopting a consistent, thorough, and methodical approach to every fire, the investigator gives himself or herself and the victims involved the best chance of finding the cause of the fire. Then, depending on the

FIR 4305, Fire Investigation and Analysis 4

UNIT x STUDY GUIDE

Title

jurisdiction, but generally working with law enforcement and the prosecutor’s office, the investigator will help to see that justice is served and those responsible are held accountable.

References Icove, D. J., & Haynes, G. A (2018). Kirk's fire investigation (8th ed.). Pearson. National Fire Protection Association. (2014). NFPA 1033: Standard for professional qualifications for fire

investigator. National Fire Protection Association. (2017). NFPA 921: Guide for fire and explosion investigations. Rider, A. O. (1980). The firesetter: A psychological profile. FBI Law Enforcement Bulletin, 49(6), 7–13.

https://www.ncjrs.gov/pdffiles1/Digitization/68373NCJRS.pdf

Suggested Reading In order to access the following resource, click the link below. For more in-depth information about arson fire statistics, you are encouraged to review the resource below. Campbell, R. (2017, July). Intentional fires. https://www.nfpa.org/-/media/Files/News-and-Research/Fire-

statistics-and-reports/US-Fire-Problem/Fire-causes/osintentional.pdf