When researching a criminal case, paralegals need to determine whether or not a crime has been committed by looking closely at a specific statute and examining its individual elements. You will review scenarios and discuss whether or not a crime has been committed based on a given statute and whether victims may have a civil cause of action.

Scenarios

Scenario 1

Tom breaks into a neighbor's barn, leaves behind 20 sticks of dynamite, and blows up the barn. The barn does not catch fire, but it is blown to small bits and completely destroyed.

Scenario 2

Dai's Diner is losing money and about to go out of business. Dai and Steve own the building where the diner is located. One evening Dai sets the building on fire to collect the insurance on the building.

Scenario 3

Michelle wants to hurt her abusive father. She sets fire to her father's house. Her father is able to put the fire out on his house quickly but the fire spreads to his neighbor's house, which burns to the ground.

Scenario 4

Mike tosses a lit cigarette into a yard as he walks by. The yard is very dry due to an ongoing drought. The grass catches fire. The fire spreads to a house, causing significant damage.

Review the following statute:

Criminal Code Section 20-4-102: Arson. A person who knowingly sets fire to, burns, causes to be burned, or by use of any explosive, damages or destroys, or causes to be damaged or destroyed, any property of another without his consent commits arson.

Evaluate each scenario above and answer the following questions:

• Which of the characters (Tom, Dai, Steve, Michelle, and Mike) committed a crime in violation of the arson statute?
• How do the elements of the statute support your claim?
• Which characters did not commit arson?
• According to the statute, what are the required elements of arson?
• How are Tom and Dai's situations similar to or different from Michelle and Mike's situations?
• Which of the victims may have a civil cause of action?
• What area of law would apply to a civil case brought for damages for each of the scenarios?
• What are some current news stories to which this statute might apply?