A Case Analysis of Arson Case Study by Nicky

A Case Analysis of Arson
Analysis of a legal case involving arson.
# 149403 | 1,139 words | 2 sources | MLA | 2011 | US
Published on Dec 13, 2011 in Law (Criminal)

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This paper examines and analyzes a case of suspected arson, further considering whether the behavior of not reporting a fire constituted wanton and reckless behavior. Various legal opinions and arguments are cited in the paper, including those of the two courts before which this case was heard. Additionally, the paper presents a legal definition of arson and discusses whether this case would fall under those criteria. The paper also explores the issue of a defendant's mental health when accused of arson, because it is vital to know whether the accused knows right from wrong, or if he or she is competent. Finally, the paper addresses whether starting a fire is an intentional act or an act of recklessness, which also impacts the outcome of an arson case. The paper concludes by stating that in the particular case examines here,the judge was correct in his statement that there is an intentional act involved in every act of recklessness.


Factors the Court Relied On to Find a Duty to Report
Mental State
An Intentional Act Involved in Every Act of Recklessness

From the Paper:

"The defendants in this case were not charged with arson, which is defined as intentional and malicious. In Levesque, the man and woman were charged with accidently starting a fire and then fleeing the premises and not calling 911 to report an emergency. There was no indication that they intentionally and maliciously set the fire, as, at the time, it was their own "residence" that went up in flames.
"However, if they had not been charged with accidently starting the fire, it would change the outcome of the case, I believe. The reason they were found guilty was because they were found wanton and reckless in not reporting the fire which they accidently started. Absent that charge, there would be no cause to find them guilty even though they left the premises. Actually, absent being charged with accidently starting the fire, there would be no basis for a trial at all, even if the building had burned down and the firefighters had been killed by the fire."

Sample of Sources Used:

  • Commonwealth vs. Thomas S. Levesque. No. 436 Mass. 443. Supreme Judicial Court. 29 March 2002.
  • Murray, G.V. "Tragedy in Worcester." 20 September 2000. firehouse.com. 18 July 2009 <http://www.firehouse.com/worcester/dropped.html>.

Cite this Case Study:

APA Format

A Case Analysis of Arson (2011, December 13) Retrieved June 09, 2023, from https://www.academon.com/case-study/a-case-analysis-of-arson-149403/

MLA Format

"A Case Analysis of Arson" 13 December 2011. Web. 09 June. 2023. <https://www.academon.com/case-study/a-case-analysis-of-arson-149403/>