Welcome

Welcome to my Law blog specifically intended as an aid to law students. I will post comments and white papers, from time to time, and I am happy to carry on conversations with students who are in need of help in law school.


I am most conservative and appropriate in my approach so if you comment and/or have questions to ask, please do so with an equal degree of appropriateness.



I am a Professor of Law at Concord Law School, an Internet Law School located in Los Angeles, though I live, teach and otherwise work out of Lakewood, Colorado, resting up against the foothills just west of Denver.

*******************************************************

DISCLAIMER

THIS SITE IS NOT AFFILIATED WITH, APPROVED BY, OFFICIALLY REPRESENTATIVE OF OR FINANCIALLY SUPPORTED BY CONCORD LAW SCHOOL OR ITS AFFILIATES OR PARENT COMPANIES.

*******************************************************


I have no set schedule of posting, but I hope you will check in from time to time.

*******************************************************

Wednesday, May 26, 2010

1 – Other Crimes (Arson)

1 – Other Crimes (Arson)

PLEASE NOTE THAT THE FOLLOWING IS TAKEN FROM SOME OF MY CLASS NOTES, SOME OF WHICH IS MY OWN PERSONAL WORK AND SOME OF WHICH BELONGS TO CONCORD LAW SCHOOL.  IT IS POSTED TO HELP MY IL STUDENTS IN PARTICULAR.  IT CANNOT BE DISSEMINATED WITHOUT EXPRESS, WRITTEN PERMISSION.

We’ll probably return to this section from time to time. Here, we talk about the crime of arson. It is generally listed in the category of Crimes Against Property, but so are theft crimes. In this blog, I keep them separate, but in school, I teach arson along with theft crimes – as crimes against property.

At common law, arson is defined as: The burning of the dwelling house of another with malice (intent or recklessness). The Model Penal Code, MPC, Section 220.1 (1) defines arson as a second degree felony: 1. Starting a fire; 2. With intent to either destroy the structure of another, or destroy or damage his own or another’s structure to collect the insurance. These are fairly simple definitions to follow, but for the law student, it is important to follow the common law unless the call of the question, or the facts, tells you otherwise.

Note that the intentionally burning any part of a qualifying structure is enough for arson. In addition, most any “charring” is sufficient, but smoke damage is not.

Professor Doug Holden
© 2010. Douglas S. Holden. All rights reserved.

No comments:

Post a Comment