Discuss the elements of burning related to arson

Part A: John owns a home that he decides is no longer of any use. He sets up an elaborate electrical system hooked to an alarm clock. When the alarm clock rings, the electrical current sets off a spark that ignites a five-gallon can of gasoline. He sets the alarm and leaves the house. A severe electrical storm moves across the city. Lightning hits the house and ignites the gasoline, and the house burns down. Under the common law, could John be charged with arson? Under modern law, can he be charged with arson?

Part B

Directions: Answer the questions below. Your written responses should be at least one half of one page in length and should utilize APA guidelines for formatting and citations. Please cite examples from the textbook or this module’s required Web resources, when applicable.

1. Arson and its modern counterparts are still considered heinous offenses. Outline the four elements of the common law definition of arson that had to be proven. Describe the statutory modifications of Arson.

2. Jack owns a home that he decides is no longer of any use. He sets up an elaborate electrical system hooked to an alarm clock. When the alarm clock rings, the electrical current will set off a spark that will ignite a five-gallon can of gasoline. He sets the alarm and leaves the house. A severe electrical storm moves across the city. Lightning hits the house and ignites the gasoline, and the house burns down. Write about: (a) under the common law, could Jack be charged with arson? (b) Under modern law, can he be charged with arson? Give all your reasons.

3. Compare and contrast: (a) counterfeiting with forgery; (b) uttering and worthless checks.

4. Regarding the nature of unlawful restraint, law enforcement officers should be aware that they are subject to prosecution for false imprisonment if they unlawfully restrain someone. Describe the situations in which a police officer might unlawfully restrain others.

5. Angus entered his boss’s house one night intending to kidnap his boss’s three year-old daughter for ransom. He crept up the stairs and stole into the child’s room, where he picked up the sleeping girl. As he turned to leave the room, he dropped the child and woke everyone in the house. The police were summoned and Angus was arrested. Describe what crimes, if any, is Angus guilty of and why?

Part C:

Directions: Answer the questions below and cite examples from the textbook or this module’s required Web resources. Your written responses should be at least two paragraphs composed of five to seven sentences and should utilize APA guidelines for formatting and citations.

1. Discuss the willful and malicious intent related to arson.

2. Discuss the elements of burning related to arson.

3. Discuss the issues surrounding the definition of a dwelling.

4. Discuss burning with the intent to defraud an insurer.

5. Discuss the problems associated with proving an arson case.

6. How would you define forgery?

7. Explain the acts required for forgery.

8. What is uttering a forged instrument?

9. Define false imprisonment.

10. What is the common law definition of kidnapping?

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