Abstract
Arson is the willful setting of fire to public or personal property to cause harm or reap financial benefits. Motives for arson include vandalism, excitement, extremism, revenge, profit, and crime concealment. The most important aspect of arson investigation is the establishment of motive. The elements of proof for arson include motive, evidence of ownership, malicious intent, and presence of fire. Each case of arson is investigated individually based on the motive of the arsonist. Profiling arsonists involves establishing the characteristic traits that different offenders possess based on their motives. During investigations, leads can be obtained from onlookers, victims, and physical evidence such as forced doors, broken windows, and the presence of ignition devices at the scene of the crime.
Introduction
According to the Federal Bureau of Investigation (FBI), arson is any willful attempt to burn a public or private building with or without the intent to defraud. Arson is a crime because it causes loss of life and destruction of property. In that regard, it carries harsh sentences. Arson laws vary from state to state. However, they all group arson by degree. For instance, first-degree arson is different from second-degree arson. First-degree arson includes fires in homes and churches while second-degree arson involves fires in vehicles and deserted buildings. The major types of arsonists include the pyromaniac, the juvenile firesetter, the revenge firesetter, the thrill-seeker, the fraudster, the terrorist, and the crime-concealment firesetter. The main motives for arson include vandalism, revenge, extremism, profit, excitement, and crime concealment.
Elements of Proof for an Arson Fire
The elements necessary to prove arson include malicious conduct, presence of fire, and ownership of property. First, the intent behind the burning must be malicious; the aim of starting the fire should be causing harm (Gardner & Anderson, 2016). In arson cases, intentional or reckless conduct is sufficient proof for a fire to be categorized as arson. Second, an incident is described as an arson only if actual burning is visible (Gardner & Anderson, 2016). There must be fire. The presence of smoke only cannot be used as evidence to prove arson. Third, there must be proof of ownership because vacated and closed up houses are not considered in arson cases (Gardner & Anderson, 2016). It is necessary to provide proof of occupancy. If a house is burnt under the assumption that it is uninhabited, then the action amounts to arson. The most essential aspect is the fact of occupancy and not the knowledge of occupancy or lack thereof. An individual who burns his/her own house while living there is not charged for arson. However, if he/she burns it with intent to defraud the property’s insurer, then they are guilty of arson.
Motives for Individuals to Commit Arson
Investigators need to understand why an individual decides to commit arson. The three categories of motives for individuals to commit arson include social, psychological, and economic. Examples of motives for individuals to commit these crimes include vandalism, profit/financial gain, and revenge.
Vandalism
Vandalism is a social motive because individuals who participate in such crimes act under the influence of peer pressure (Douglas, 2012). These types of fires are set on abandoned buildings, vehicles, and institutional buildings to cause damage to property. In many cases, they are caused by juvenile offenders as part of an initiation ritual into a gang.
Profit/Financial Gain
Fires that are motivated by profit are set for several reasons that include monetary gain, escape from financial obligations, material gain, insurance fraud, intimidation, or boost property value (Douglas, 2012). For example, individuals who cannot afford to make payments on their cars set them on fire and report them as stolen. This is done to either avoid making payments or benefit from insurance payments (Douglas, 2012). Fraud is one of the most common motives for arson. During tough economic times, many people burn their residential and commercial properties to receive compensation payments from insurance companies.
Revenge
Some fires are set as a form of retaliation for a certain injustice. These fires have deadly consequences because they destroy property. Common targets of retaliation include institutional facilities and individuals (Gardner & Anderson, 2016). In many cases, revenge is initiated by anger. Psychologists have argued that anger is a common denominator in revenge arson because of the lack of alternative ways of expression (Douglas, 2012). Factors such as physical abuse and humiliation cause a buildup of anger that has deadly consequences if not properly expressed. The aforementioned factors are common characteristics in the FBI’s profiling of arson cases (Douglas, 2012).
Background of Individuals Likely to Commit Arson for Vandalism, Profit, and Revenge
Vandalism
A vandalism-motivated person is usually a juvenile who has had between 7 and 9 years of formal education (Doley, Dickens, & Gannon, 2015). In school, they are poor performers and are punished regularly for failure to do homework or obey the authorities (Osterburg & Ward, 2012). The individual is young and primarily driven by peer pressure, single, and lives with their parents or guardian. The individual may or may not be involved in drug abuse and alcohol consumption (Gardner & Anderson, 2016). The majority of the offenders live near the scene of the crime.
Profit
A profit-motivated person commits arson for material or financial gain. A typical offender is an adult with more than ten years of formal education and might have pursued higher education (Doley et al., 2015). The individual hired to set the fire is usually unemployed and between the ages of 25 and 40 with a few years of formal education (Osterburg & Ward, 2012). The primary offender is an individual who owns a business and has no police record. He/she hires an individual to set the fire and gives directions on how the crime is to be committed. On the other hand, the person hired to set the fire usually has prior arrest records for crimes such as burglary and physical assault (Gardner & Anderson, 2016).
Revenge
Revenge-motivated individual aims to cause harm because of a real or perceived injustice committed against them. A typical offender is an adult with more than ten years of formal education who could be employed or unemployed (Osterburg & Ward, 2012). In the case of employment, they are usually a blue-collar worker in the lower or middle class with an average income. They have many friends and they are usually residents of rental property. Their relationships are typically unstable and short-term (Osterburg & Ward, 2012). On the contrary, serial revenge-motivated arsonists are usually loners who have few close relationships. In many instances, the offender has prior records of criminal arrest for offenses that include vandalism and burglary (Gardner & Anderson, 2016). It is common for alcohol consumption to be associated with these offenders.
Where Investigators Might Develop Leads
Vandalism
The majority of vandalism-motivated individuals usually live less than one mile from the crime scene. Therefore, investigators should commence their search in the neighborhoods or residential areas surrounding the crime scene (Fisher & Fisher, 2012). Many individuals flee from the scene after setting the fire. However, they leave physical evidence behind because they tend to use materials found at the scene. Investigators should look for physical evidence at the crime scene. After committing the crime, some offenders remain in the crime scene’s vicinity to view the fire. Investigators should scan the areas surrounding the crime scene for any suspicious individuals who could be key suspects in their investigation (Fisher & Fisher, 2012). Investigators should also look for witnesses. Witnesses may provide details such as suspicious activity at the scene before the eruption of the fire and the origin of the fire. Also, many onlookers take videos and photographs that could help with investigations (Fisher & Fisher, 2012).
Profit-Motivated Individuals
Arson crimes motivated by profits are very difficult to solve because they involve complex and well-planned strategies. Therefore, crime scenes contain less physical evidence that investigators could use to apprehend the offenders. Investigators should look for remnants of the incendiary devices used in the arson (Fisher & Fisher, 2012). The use of sophisticated accelerants is prevalent in many profit-motivated arson cases. In that case, investigators should look for components of the incendiary devices used. Individuals who commit arson for profit usually do it to deal with financial stress. Investigators should look for short-term business problems and any outstanding legal or illegal debts (Fisher & Fisher, 2012). Problems such as outmoded technology, desire to relocate, and accumulation of slow-moving inventory are common business problems that motivate arson. In the case of homeowners, investigators should look for any plans for redevelopment or rehabilitation.
Revenge
As mentioned earlier, revenge-motivated fires are set to retaliate for injustices committed against individuals. Therefore, investigators should look for individuals with interpersonal or professional conflicts with the victim. The victim’s friends, relatives, and acquaintances can offer useful leads to the arson (Fisher & Fisher, 2012). They can offer information that could help the investigators find the criminals involved. Female offenders usually target valuable possessions such as vehicles and houses. Love is one of the main causes of revenge arson. In such cases, ex-lovers burn the personal effects of their partners. Therefore, investigators should question the victim’s past lover in case the fire burnt the victim’s personal possessions (McMahon, 2013). The investigators should question the victim and get the names and addresses of past lovers who could have sought revenge.
Artifacts to Help Identify the Motive
If the investigators get the opportunity to search the residences of suspects, they should look for certain artifacts that could aid them in establishing the motives of the arsonists. First, they should look for ignition devices such as matches, gasoline, and chemicals (McMahon, 2013). Studies have shown that juvenile arsonists usually use striking matches to set fire. In addition to matches, they are usually found in possession of gasoline and other accelerants. Investigators should also look for highly-combustible chemicals that arsonists use to set fires. Commonly used accelerants include gasoline, turpentine, petrol, and kerosene (Osterburg & Ward, 2012). In the case of profit-motivated arson, investigators should look for business stock or objects of high monetary value. Many business owners move their stock or material possessions of sentimental value from their premises before setting fire on their premises.
Therefore, the investigator should find any business stock at the suspect’s house or objects that were previously located on the business premises (McMahon, 2013). They should question the individual and look for documents that point toward short-term business problems. As mentioned earlier, common business problems include a buildup of slow-moving inventory and a desire to remodel or relocate (Osterburg & Ward, 2012). Such documents aid investigators in establishing the motives of the arsonist. In certain cases, third parties are responsible for profit-motivated arson. Their goals include the elimination of business competition and the extraction of extortion payments. Investigators should look for e-mails, letters, and memos that demand extortion payments or court documents involving competition issues. Investigators should also look for demolition tools such as sledgehammers, axes, claw bars, pry bars, and chisels (McMahon, 2013). Arsonists sued these tools to force entry into target buildings. One of the indicators of arson is broken windows, forced doors, and the presence of demolition tools at the crime scene.
Conclusion
Arson refers to any willful burning or attempts to burn a public or residential building with the intent to benefit financially or harm someone. Arson is a serious crime because it leads to loss of life and destruction of property. The motives of arsonists vary and include vandalism, revenge, financial gain, excitement, crime concealment, and extremism. To establish the motives of an arsonist, investigators should look for physical evidence at the crime scene. They should look for ignition devices and accelerants such as gasoline, kerosene, petrol, and turpentine. Talking to victims and onlookers is very important because it can provide leads that can aid in the arrest of offenders. The most important aspect of an arson investigation is identifying the motive of the arsonist. Finding the motive provides information that facilitates the process of profiling arsonists.
References
Doley, R., Dickens, G., & Gannon, T. (2015). The psychology of arson: A practical guide to understanding and managing deliberate firesetters. New York, NY: Routledge.
Douglas, J. (2012). The anatomy of motive. New York, NY: Simon and Schuster.
Fisher, B. A., & Fisher, D. R. (2012). Techniques of crime scene investigation (8th ed). New York, NY: CRC Press.
Gardner, T. J., & Anderson, T. M. (2016). Criminal law. New York, NY: Cengage Learning.
McMahon, R. J. (2013). Practical handbook for professional investigators (3rd ed). New York, NY: CRC Press.
Osterburg, J. W., & Ward, R. H. (2012). Criminal investigation: A method for reconstructing the past. New York, NY: Routledge.