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CONVICTING THE ARSONIST.

Authors :
Cohn, Herman H.
Source :
Journal of Criminal Law & Criminology (08852731); Sep/Oct1947, Vol. 38 Issue 3, p286-303, 18p
Publication Year :
1947

Abstract

The article analyses and discusses adequately the subject of convicting the arsonist. Any conviction of an arsonist involves consideration of legal questions of the crime itself and the admissibility of evidence in the trial, of investigation techniques and aids, of the psychological background of the arsonist, and of many other factors. Arson has always been regarded by the law as a heinous and most aggravated offense, for not only does it endanger human life and the security of habitations, but also it evidences a moral recklessness and depravity in the perpetrator. It was a capital offense until more lenient statutes were enacted in the 19th Century. At common law the common law definition of arson--the willful and malicious burning of the property of another--imports two mental elements: willfulness and malice. The act is done willfully; that is, intentionally as opposed to accidentally; and maliciously, which is inferred if the burning is intentional. The distinction between motive and intent is clearly marked in the law of arson.

Details

Language :
English
ISSN :
08852731
Volume :
38
Issue :
3
Database :
Supplemental Index
Journal :
Journal of Criminal Law & Criminology (08852731)
Publication Type :
Academic Journal
Accession number :
16518802
Full Text :
https://doi.org/10.2307/1138314