Posted On: December 24, 2009 by Shouse Law Group

Arson Investigation - Hardly a Science

Recent reports indicate that thousands of convicted arsonists may have been falsely accused and wrongfully convicted. This is due to the fact that arson investigators have relied on a basic set of assumptions about how fires burn…assumptions which really amount to little more than “old wives tales”.

California’s arson laws (Penal Codes 451 and 452 PC) prohibit willfully, maliciously, or even recklessly setting fire to another’s property or land. These laws even prohibit willfully setting fire to your own property if (1) you did so with a fraudulent intent, or (2) other property or persons were injured as a result.

California’s arson laws themselves under these Penal Code sections are fine, that’s not the problem. It’s how these arson cases…and those around the country…are investigated that is the issue.

For years, arson investigators would look for arson “clues” that included windows buckled by extreme heat, uneven burn patterns, and melted copper wiring. From these clues, arson investigators would determine that a fire had spread quickly, leading them to conclude that the fire was intentionally set.

Today, these outdated (and often inaccurate) forensic practices still unfortunately exist, although they are finally being questioned and challenged.

If you have been wrongly convicted of arson, immediately contact an arson defense attorney. Many old cases are being reexamined and, thankfully, many innocent people are having their convictions reversed and dismissed.

Bookmark and Share