Defenses to the Crime of Arson

Abstract:

The extremely poor conviction rate for arson offenses demonstrates the need for improved investigations and prosecutions. Some States may consider intoxication of the accused in determining intent. Thus, questions that an investigator should ask a suspect who has been drinking are detailed, along with suggestions regarding sobriety tests. Amnesia is probably the most frequent defense raised by arson defendants, although it is not a legally accepted rationale. Psychiatric examination can generally detect false amnesia, although a genuine state of amnesia can be created voluntarily by drugs or alcohol. The alibi defense can only be countered by placing the defendant at the fire scene at or about the time of the act. The prosecutor can show a timing device and pinpoint its time lag or prove the employment of an accomplice. Many State statutes specify that children cannot be guilty of the crime of arson until they …

Año de publicación:

1982

Keywords:

Fuente:

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