Cj 230 - Criminal Law for Criminal Justice

CJ230 Criminal Law for Criminal Justice

Unit 9- Final Project

07/12/13

ARSON

1. Define the elements of arson, including the actus reus and mens rea.

The main elements necessary to prove arson are evidence of a burning and evidence that a criminal act caused the fire. The accused must intend to burn a building or other structure. Absent a statutory description of the conduct required for arson, the conduct must be malicious, and not accidental.. Intentional or outrageously reckless conduct is sufficient to constitute malice. Motive, on the other hand, is not an essential element of arson.

The elements to arson are divided into two categories: Mens rea and Actus Reus. The Actus Reus of any crime is the state of affairs of that crime. The Actus Reus is the act itself. These are the act itself which constitutes to arson. Furthermore, the Mens Rea or the state of mind of arson is to knowingly or deliberately set fire. This is the mind the arsonist must have; he must have intentionally set fire since arson is a deliberate act.

Identify whether arson can be classified as a crime against property, crime against a person or a crime against public order.

Arson is classified as a crime against property. Crimes against property involve the destruction or damage of another person's property. That property crime is arson, in this crime the offender sets fire to the victim's property. That act is deliberate and creates financial hardship for the victim. The circumstances surrounding the arson will play a significant part in the type of charges and the punishment received.

Describe a factual scenario.

WHITE PLAINS, N.Y. (AP) -- A man who admitted setting fire to houses while he was a volunteer firefighter was sentenced Tuesday to 10 years in prison. Trent Bronner, 24, of Sleepy Hollow, had pleaded guilty to second- and fourth-degree arson, admitting he set fires in 2010 and 2011. The 2011 blaze destroyed two Sleepy Hollow homes and left 19 people homeless. Police said Bronner helped put it out. He was a longtime resident of Sleepy Hollow and the volunteer fire department's website listed him as responding to the most fire calls from April 2010 to March 2011. Prosecutors said the fire was discovered only when a barking dog woke up a neighbor at about 5 a.m. She spotted the flames and alerted residents as the blaze spread to a second house. The Westchester County district attorney's office said one home was condemned because of the fire damage and the owners of the other are attempting to rebuild. Investigators determined that the fire was intentionally set under the porch and Bronner was among those questioned. He admitted setting the blaze and another in 2010 and was arrested. Some of the people who lost their homes attended Bronner's court sessions. His lawyer originally argued that the confessions were improperly obtained by a detective, but Bronner pleaded guilty to the arson charges in May. He could have been sentenced to up to 25 years in prison if convicted at trial.

NY State Model Penal Code for Arson:

S 150.00 Arson definitions. As used in this article, 1. "Building", in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein. Where a building consists of two or more units

separately secured or occupied, each unit shall not be deemed a separate building.

Disorderly Conduct

Define the elements of disorderly conduct, including the Actus Reus and Mens Rea.

The elements of disorderly conduct vary from one jurisdiction to another. Most statutes specify the misconduct that constitutes the offense. Acts such as the use of vulgar and obscene language in a public place, Vagrancy, loitering, causing a crowd to gather in a public place, or annoying passengers on a mode of public transportation have been regarded as disorderly conduct by statute or ordinance. The offense is not committed unless the act complained of clearly falls within the statute. The Actus Reus for disorderly conduct is fighting, making unreasonable noise or offensive language, and creating hazardous or offensive conditions. The Mens Rea for disorderly conduct is acting purposely, knowingly, or recklessly.

Identify whether disorderly conduct can be classified as a crime against property, crime against a person or a crime against public order.

Disorderly conduct can be classified as a crime against public order. Disorderly conduct is a crime that harms the community. A crime against public order is normally known as a misdemeanor. In another case, if the victim is under the age of 18, then it will be moved up to a felony.

Describe