Arson Video Assignment

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Grand Canyon University *

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307

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Law

Date

Jan 9, 2024

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docx

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3

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Arson Video Script Video Link: https://youtu.be/c2fW8PB-3T0 Introduction Good afternoon to all. I'm Gerardo Vera, and I'll be making the closing arguments today. We have heard throughout the trial about the details of the arson in this case, but I want to step back and consider the bigger picture we might be missing. History of Arson Let’s talk about the history of arson. But first we must understand what arson is. Setting fire to property intentionally with the intent to cause damage is called arson. Although the term is most often associated with the burning of buildings, it can also refer to the burning of other things like vehicles or natural environments like the forest. The Latin word "ardere" (which means "to burn") is the origin of the noun arson. In the early 19th-century, British law stated that setting fire to residential and commercial structures as well as "any stack of corn, grain, pulse, straw, hay, or wood" was a capital offense (Clark, 2014). While stack-burning was taken off the list of crimes subject to the death penalty in 1837, arson was still a serious offense that could result in a life sentence or transportation. By the late 19th and early 20th century, society was more concerned with crimes against people than they were with property damage. Since the 18th century, arson has changed from a bad individual act to a powerful tool for group violence. This is why we see violence that connects with fire such as riots and protests. For example, the aftermath of the murder of George Floyed resulted in a widespread of acts of arson committed by rioters. Today's arson can take many different forms, such as vandalism, young people starting fires, and using fire as a murder weapon. There have been many instances of arson in homes, old buildings, and the environment throughout our country’s history. Why is arson a crime? So why is setting something on fire considered a crime? To understand arson as a crime, we must consider the “elements” of arson. The three elements are the act of starting a fire, the intent to start the fire, and the damage to property caused by the fire (Tan, n.d.). I refer to them as steps rather than elements because these are the steps that arsonist would do to commit this type of crime. First, an arsonist would start by finding the method of starting the fire. This is done with a lighter or match. The arsonist would have an intent of starting a fire. This could be revenge or cause harm to someone. Finally, an arsonist setting fire to a building or property would cause damage. It could be minor or severe depending on the arsonist’s intent. Since fires can quickly and severely devastate an area, the damage is what legislators use to classify arson as a crime. A fire must cause damage of some kind to be found guilty of arson. However, the damage typically doesn't have to be significant. Even minor property damage can lead to an arson conviction in most states. Typically, when someone commits arson, they do so to harm their target. However, in some states, if the fire was started carelessly, even if it wasn't on
purpose, the person who started it could still be found guilty of arson. This is because once a fire starts, it can spread quickly, endangering not only nearby buildings and the environment but also people's lives. Appropriate punishments for Arson Finally, let’s discuss the punishments for committing arson. Every state has a different law regarding the punishment for committing arson. For instance, in some states, a conviction for first-degree arson carries a maximum sentence of 30 years in prison. A charge in the second degree, which is less serious than a charge in the first degree, carries a maximum sentence of 15 years in prison. In California, arson is considered the one most violent felony. According to California Penal Code 451 PC, it defines arson as purposefully starting a fire, causing a fire, or helping someone start a fire on a building, piece of property, or forest. It is frequently referred to as “malicious arson” (California Penal Code 451, n.d.). If you are found guilty of an act of arson, you could face a sentence of up to nine years in California prison, a fine of up to $10,000, or both. The "Three Strikes" law of California also has penalties for this crime. This law has subsections that describe arson committed in different ways. For example, penal code section 451(c) describes arson regarding uninhabited structures or a forest. If committing this type of arson, it can result in six years in jail. The length of time spent in county jail or state prison depends on how serious the alleged arson was. Conclusion When we step back from this case, we can comprehend the more important facts that are at play. Arson is one of the oldest crimes in our world's history and has been infamously committed numerous times. Due to the severe damage that unattended fires can cause, it is treated seriously as a crime and subject to severe penalties. I beg you to keep in mind these facts as you decide how to proceed with the trial. Thank you for your time!
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