Robertson, Introduction to Fire Prevention, Seventh Ed.© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

INTRODUCTION TO FIRE PREVENTIONSeventh Edition • James C. Robertson

Chapter 11

Fire Prevention Through Arson Suppression

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Overview

• Major part of fire problem• Discouraging arson• Role of prevention

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

The Crime

• History and background– Colonial times– 1800s– Uniqueness

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Statistics

• Uniform Crime Reports, 2006-2007– Statistics remain static over years– 69,055 arsons– 44.2 per 100,000 inhabitants– 42.3% structure arsons– 28.2% mobile properties

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Statistics

• National Fire Prevention Association– 2,781 civilian deaths due to intentionally

set fires in 2001• 2,451 due to 9/11• 330 in set-structure fires• $24 billion in property loss

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Fire investigators spend long hours digging through ruins to determine points of origin and causes. (Photo: McGill Consulting, Lamont “Monty” McGill, Gardnerville, NV)

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Model Arson Laws

• First-degree arson– Burning of building or dwelling– Willfully or maliciously sets fire to, burns, or

causes to be burned, or aids, counsels, or procures the burning of:

• Dwellings• Occupied or vacant• 1 or 2 to 20 years

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Model Arson Laws

• Second-degree arson– Burning buildings other than dwellings– Requires fire willfully or intentionally set

• 1-10 years

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Model Arson Laws

• Third-degree arson– Burning of other property

• Willfully and maliciously set fire to, burn, or cause to be burned

• Property has a value of $25 or more and is property of another

• 1-3 years

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Model Arson Laws

• Fourth-degree arson– Relates to attempts to burn– Willfully and maliciously set fire may be

chargeable even if materials only distributed

– Preliminary act of setting fires

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Arson Motives

• Fraud or profit• Revenge• Excitement• Pyromania• Conceal other crimes• Vandalism• Political reasons/extremist beliefs

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Investigation

• Establish “corpus delecti”• Motive• Responsibilities of fire department

– Cause and criminal investigation– Cause only– Third party (police, county, state)

• Joint police/fire teams

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Fire origin and cause set used by Milwaukee, Wisconsin’s, Fire Academy. (Photo: James C. Robertson)

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Insurance Fraud

• Requires insurance claim• Full inventory• Fire department and the insurance

industry

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Fire Scene Examination

• Scene security• Location of origin• Establishing possible source of ignition• Firefighter role• Others

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Fire investigators seldom have such a simple determination scenario as this. (Photo: James C. Robertson)

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

NFPA 921

• Guide for fire and explosion investigation

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Fire Investigator

• Properly trained• Identifying evidence• Examination of scene• Fatal fires

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Preservation of Evidence

• Salvage and overhaul• Site access control• Handling evidence• Spoliation• Documentation

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Media Relations

• Controlled statements• Personnel policy• Cooperation

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Civil Unrest

• History• Need to investigate• Scene security issues• Evidence

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Arson Arrest

• Success rate• Reason for success rate• Regional differences

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Juvenile Fire Setters

• Model programs• Counseling• Prevention projects• Parental awareness

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Court Decisions

• Michigan v. Tyler• Michigan v. Clifford• State of South Dakota v. Jorgensen

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Michigan v. Tyler

• Established guidelines for right of entry– To investigate cause and origin– Gather evidence should the fire be

determined incendiary• Court held original entry for suppression and

subsequent investigation permissible without a warrant

– Subsequent entries may require a warrant

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Michigan v. Clifford

• Court reaffirmed Michigan v. Tyler– Recognized the ability of investigator to

seize evidence in clear view of entry

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Problem Areas in Arson Investigation

• Identified in a joint study with the BATF– Unique characteristics impede detection,

investigation, and reporting– Lack of agency cooperation– Lack of uniformity in measuring arson

variables

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Problem Areas in Arson Investigation

• Jurisdictional and organizational problems confound investigations

• Immediate need for standardization

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Serial Arsonists

• Characteristics:– Sex– Race– Previous arrests– Suicide– Juvenile detention

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Arson Control Needs

• Sprinklers, education, smoke detectors, code enforcement

• Training• Safety and health of investigators

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Arson Control Needs

• Public awareness• Wildland arson issues• Serial arsonist control• Juvenile fire setter programs

Robertson, Introduction to Fire Prevention, 7/e© 2010 by Pearson Education, Inc., Upper Saddle River, NJ

Summary

• Impact on number of fires• Impact on severity of fires• Potential prevention effectiveness