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Chapter 10 ARSON

1. Arson is defined as the intentional and unlawful destruction of property by fire. It can include burning one's own property under revised laws. 2. There are several factors that must be considered to determine if a fire constitutes arson, including willfulness, intent, motive, and malice. Accidental and natural causes must also be ruled out. 3. Investigating arson requires examining the origin of the fire, potential motives, identifying suspects, and means of starting the fire through mechanical or chemical methods. Telltale signs like separate fire locations, colored smoke and flames, can provide clues about accelerants used.
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0% found this document useful (0 votes)
144 views

Chapter 10 ARSON

1. Arson is defined as the intentional and unlawful destruction of property by fire. It can include burning one's own property under revised laws. 2. There are several factors that must be considered to determine if a fire constitutes arson, including willfulness, intent, motive, and malice. Accidental and natural causes must also be ruled out. 3. Investigating arson requires examining the origin of the fire, potential motives, identifying suspects, and means of starting the fire through mechanical or chemical methods. Telltale signs like separate fire locations, colored smoke and flames, can provide clues about accelerants used.
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Forensic Chemistry

CHAPTER 10 ARSON
Arson is one of the most heinous crimes committed by men. It is an offense of great malignity and probably
more destructive than murder.

DEFINITIONS OF ARSON
1. Under the Old Common Law
Arson is the willful and malicious burning of the house or house of another man. Present laws on arson
have extended the scope of the crime and cover all kinds of buildings and structures even including personal
property. Now the crime of arson includes the burning of one's property.

2. Under the revised Penal Code


Arson is the destruction of property by fire and the extent of liabilities depends on:
1. kind and character of the building
2. its location
3. extent of damage or value
4. its state of being inhabited or not?

3. According to Webster
Arson is the malicious burning of a building or property as a dwelling house.

4. Arson is fire set intentionally.

WHAT CONSTITUTE ARSON?


1. Willfulness — means intentional and implies that the act was done purposely and intentionally.
2. Intent — is the purpose or design with which the act is done and involves the will. An essential element of
crime, motive is not.
3. Motive — is the moving cause which induces the commission of a crime. Something that leads or influences
a person to do something.
4. Malice — denotes hatred or ill will or a desire for revenge. Is the intent to do injury to another. Deliberate
intention of doing unjustified harm for the satisfaction of doing it.

JEstores, RMena, RBacaling2021


Forensic Chemistry

1. A fire can only be considered as arson if all accidental and natural cause of fire can be eliminated. The mere
burning of a building does not constitute the body of the crime.
2. To prove the body of the crime it is necessary to show:
a. 1st, that the building in questioned burned.
b. 2nd, it was burned as a result of the intentional criminal act of the accused.
c. To constitute burning, there must be some burning or charring, that is the fiber of the wood must be
destroyed, its identity changed. It is not necessary that the building be seriously damaged. A mere smoking,
scorching or discoloration of the wood is not sufficient.

BASIC LINES OF INQUIRY IN THE INVESTIGATION OF ARSON


Arson is the easiest crime to commit but the most difficult to detect tougher to solve than homicide. At
least in a homicide there is some kind of weapon, a gun, poison or the like and there is always the body-good
physical evidence. In arson physical evidence which normally aid in convincing criminals may have been wholly
destroyed by the fire itself.

THE FOUR BASIC LINES OF INQUIRY IN TI-IE INVESTIGATION OF ARSON


1. Origin of fire 3. Identification of prime suspect
2. Motive 4. Identification of fire setter

ORIGIN OF FIRE
The first step in recognizing arson is the exclusion of all accidental and natural causes of fire

CAUSES OF FIRE
Fire may belong to anyone of the following:
I. Natural cause without human intervention
a. lightning
b. explosion
c. spontaneous combustion
d. miscellaneous cause, example: damage to electric cables due to earthquake or storm; breaking of
gas pipes, etc.
2. Accidental cause with or without human intervention
a. faulty wiring
b. careless handling of inflammables
c. children playing with match
d. careless smokers
e. careless handling of electric iron, stoves, candles, cigarette butts, mosquito coils Arson or Touch Off
fires (a set fire) — when all natural and accidental causes have been eliminated, then the fire is classified as
suspicious and it is then the task of the investigator to determine if it is in fact a "touch off' fire.

TELL TALE SIGNS — signs that maybe obvious that the firefighter will suspect arson. These are to be observed
to determine if arson.
JEstores, RMena, RBacaling2021
Forensic Chemistry

TELL TALE SIGNS


a. Burned building — a type of the building may indicate a set fire under some circumstances. A fire of
considerable size at the time the first apparatus arrive at the scene is suspicious if it is a modem concrete or
semi-concrete building.
b. Separate fire — when two or more separate fires broke out within a building the fire is certainly suspicious.
c. Color of smoke — some fire burn with little or no smoke but there is exception. The observation of the
smoke must be made at the start of the fire since once the fire has assumed a major proportion, the value of
smoke is lost because the smoke will not indicate the materials used by the arsonists.
1. White smoke appears before the water comes in contact with the fire —indicates humid materials
burning like burning hay, vegetable materials, phosphorous (with garlic odor).
2. Biting smoke: irritating the nose and throat and causing lacrymation and coughing — indicates
presence of chlorine
3. Black or grayish smoke — indicates lack of air but if accompanied by large flame it indicated
petroleum and petroleum products and rubber, tar, coat turpentine.
4. Reddish brown smoke — indicates nitrocellulose, sulfur, sulfuric acid, nitric acid, hydrochloric acid.
d. Color of flame - the color of the flame is a good indication of the intensity of fire and sometimes of the
nature of the combustible substance present.
Examples: burning alcohol - blue flame burning
petroleum products - red flame

e. Size of fire - the size of the fire should be noticed at the time of arrival and at subsequent intervals
thereafter. Rapid extension of the fire is indicative of the use of accelerants.
f. Direction of travel - Fire normally sweeps upward, the travel of fire is predictable from a knowledge of the
construction of the building. Flames tend to rise until on meeting obstacles they project horizontally seek
other vertical outlets. Extent and rate of travel depend primarily on the direction of the wind and on
ventilating condition like open doors and windows.
g. Intensity - the degree of heat given off by a fire and the color of its flame oftentimes indicate that some
accelerants have been added to the material normally present in a building.

h. Location of flame - investigator should note whether there is more than one apparent point of origin and
should try to estimate the approximate location of each.
i. Odor - many accelerants emit characteristic odors especially liquid like turpentine, alcohol, kerosene,
gasoline

THE POINT OF ORIGIN OF THE FIRE


In case of arson it is in this area that the physical evidence of criminals’ design is likely to be discovered.
This may be established by an examination of the witness and by inspecting the debris at the fire scene or by
both. The witness to be interrogated is the discoverer of the fire and second the person who turned in the alarm

JEstores, RMena, RBacaling2021


Forensic Chemistry

and lastly any other witness that can be found. Inspection of the crime scene must immediately be made to
determine the point of origin and possibly to establish the arsonist's technique.

FIRE SETTING MECHANISM


The technique, devices, and materials, employed by the arsonist vary with his mentality and with his
emotional condition immediately prior to the commission of the offense. An arsonist may use the simplest
method in a match and some papers or he may use an elaborate means to start the fire. He may use mechanical
method or chemical method to start the fire.

TWO METHODS TO START THE FIRE


1. Mechanical method
2. Chemical method

MECHANICAL METHODS TO START THE FIRE


a. matches
b. candles, cigarettes-slow burning initiating arrangement
c. Mechanical devices as clock mechanism, altered equipment, magnifying glass, animals tied to ignition
devices like portable lamp or stove - usually time delay arrangement.
d. Electrical system/mishap - usually occurs in modem buildings that are heavily equipped of electrical wirings
to supply fixtures, machines and heating purposes.
e. Inflammable gases as illuminating gas, sewer gas
f. Heating appliances as heaters, sparklers — heaters like flat iron and toaster, sparklers like electrical
switches, door bells, telephone boxes
g. Explosives — nitroglycerine, TNT, mercury fulminate, gunpowder. Fire is a common consequence of
explosion. Nitroglycerine is the most commonly employed.

CHEMICAL METHODS TO START THE FIRE


a. hot water or ice bag used as receptacle for phosphorous and waver ignition device
b. metallic sodium ignited by drops of water
c. potassium chlorate, sugar and sulfuric acid
d. chemical devices as thermit bombs, phosphorous

INCENDIARY MATERIALS
Incendiary materials are materials used to start a fire. They are combustible; fuels.
1. Arson chemicals — are incendiary materials often used by arsonist as accelerants. Possess excellent
incendiary properties. Example: alcohol, benzene, petroleum ether, gasoline, kerosene, naptha, turpentine.
2. Gases as acetylene, butane, CO, ethylene, hydrogen, natural gas, and propane — these 11 are common
gases resulting in fires from explosion. These when mixed with air possess excellent ignition properties and
when present in an enclosed area can lead to explosion.
3. Solids as chlorates, perchlorates, chromates, dichromates, nitrates, permanganates are typical families of
oxidizing agents which give off oxygen on decomposition thus aiding in combustion.

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Forensic Chemistry

MOST COMMON ACCIDENTAL CAUSE OF FIRE


1. careless discarding of cigarettes
2. careless disposition of readily combustible materials
3. poorly managed or defective heating system
4. spontaneous combustion
5. sun rays focused by bubbles in window panes
6. explosion from petroleum products, alcohol and other substances
7. lightning
8. electrical mishaps

MOTIVE
Although it is not absolutely necessary to establish a positive motive, the fact that the element of intent
is essential in proving arson suggests the importance of showing a motive. In cases where great dependence is
placed on circumstantial evidence it is especially important to prove a motive.

FIVE MOTIVES THAT PREDOMINATE IN ARSON CASES


1. Economic gain
2. Concealment of crime
3. Punitive measure
4. Intimidation and economic disabling
5. Pyromania

TYPES OF PERSON WHO SET FIRE


1. Person with a motive
2. Person without a motive

PERSON WITH MOTIVE TO SET A FIRE


a. those with desire to defraud the insurer
b. employees or such other persons who have grievances
c. those who desire to conceal evidence of other crimes d. those who set fire for purpose of intimidation e.
pyromania — an uncontrollable impulse toward incendiarism. A term used to describe a condition of mind
leading to an act of arson.
Pyromaniac — a type of person who has passion for fire that can be satisfied only by watching flames.
Person who gets pleasure in watching fire or watching fireman put out the fire.

PERSON WITHOUT A MOTIVE TO SET A FIRE


a. mental cases c. pyros
b. pathological fire-setters d. psychos

DEVELOPMENT/IDENTIFICATION OF PRIME SUSPECT


The third basic line of inquiry pointed toward the identification of the criminal and his accomplices if
any. To accomplish this identification, it is first necessary to develop what are known as prime suspects among
those having motives and opportunity to set the fire or to pinpoint a prime suspect in pyro fire by studying the
JEstores, RMena, RBacaling2021
Forensic Chemistry

fire pattern. Suspected fire-setters with rational motivation are usually developed by a check of their activities,
questioning and background study. Friends, eyewitness and others who may possess information about the fire
are interviewed. The owner of the building, the occupants of the premises affected by the fire and anyone who
may profit by the fire are interrogated.

THE FOLLOWING TECHNIQUE MAY SERVE THE INVESTIGATION:


1. search of the fire scene for physical evidence
2. background study of policy holders, occupants of premises, owner of the building or other persons having
major interest in the fire
3. interviews and interrogations of the person who discovered the fire, the one who turned the first alarm,
firemen, eyewitness
4. surveillance

IDENTIFICATION OF FIRE SETTER


The final basic inquiry to be pursued by an arson investigator concerns which one of the • prime suspects
is the fire setter and who were his accomplices if any. This identification results from the full development of
leads, clues and traces. The testimony of persons particularly eyewitness and the development of expert
testimony maybe of value.

GUIDES IN THE INVESTIGATION OF FIRE SCENE


The fire scene holds the key to the origin. of any fire A careful methodical and thorough search of the scene of
a suspicious fire is a basic part of the initial investigation. The following points must be given due attention:
1. The scene must be protected so that the evidence is not destroyed or removed either by careless persons or
the guilty party.
2. Mechanics of search
3. Collection and preservation of evidence.
4. Laboratory aids

COLLECTION AND PRESERVATION OF ARSON EVIDENCE


1. Two (2) to three quartz of ash and soot debris must be collected at the point of origin of a fire.
2. Specimens should be immediately packed in an airtight container.
a. can use new clean paint cans with friction lids because they are airtight, unbreakable.
b. wide-mouthed glass jars can be used provided they contain airtight lids.
c. Leave an air space in the container above the debris.
3. Plastic polyethylene bags are not suitable for packaging.
4. Fluids found in open bottles or cans must be collected and sealed.
5. Thorough search of the scene should be undertaken for ignitors.
6. Collect clothing of the suspect/perpetrator and place in a separate airtight container.
7. Freeze sample containing soil or vegetation.

JEstores, RMena, RBacaling2021

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