What Is the Crime of Arson

Arson is the intentional burning of a structure, building, land or property; not necessarily a residence or business; it can be any building to which the fire causes structural damage. Common Law vs. Modern Day Arson Laws Common law arson was defined as the malicious burning of the dwelling of another. Modern day arson laws are much broader and include the burning of buildings, land, and any property including motor vehicles, boats and even clothing. Under common law, only ​personal property that was physically attached to the dwelling was protected by the law. Other items, such as furniture inside the dwelling were not covered. Today, most arson laws cover any type of property, whether it is affixed to a structure or not. How the dwelling was burned was very specific under common law. An actual fire had to be used for it to considered as arson. A dwelling destroyed by an explosive device was not arson. Most states today include the use of explosives as arson. Under common law, malicious intent had to be proven in order for a person to be found guilty of arson. Under modern day law, a person who has the legal right to burn something, but fails to make a reasonable effort to control the fire, can be  charged with arson in many states. If a person set fire to their own property they were safe under common law. Arson only applied to people who burned someone elses property. In modern law, you can be charged with arson if you set fire to your own property for fraudulent reasons, such as insurance fraud, or the fire spreads and causes damages to another persons property. The Degrees and Sentencing of Arson Unlike common law, most states today have different classification covering arson based on the severity of the crime. First-degree or aggravated arson is a felony and most often charged in cases that involved loss of life or the potential for loss of life. This includes firefighters and other emergency personnel who are put at high risk. Second-degree arson is charged when the damage caused by the fire was not as extensive and was less dangerous and less likely to result in injury or death. Also, most arson laws today include the reckless handling of​ any  fire. For example, a camper who fails to properly extinguish a campfire which results in a forest fire could be charged with arson in some states. Sentencing for those found guilty of arson will likely face prison time, fines and restitution. Sentencing can be anywhere from one to 20 years in prison. Fines can exceed $50,000 or more and restitution will be determined based on the loss suffered by the property owner. Depending on the intent of the person who starts the fire, sometimes arson is prosecuted as a lesser charge of criminal damage to property. Federal Arson Laws Federal arson law provides a penalty of imprisonment for up to 25 years and a fine or the cost of repairing or replacing any property that is damaged or destroyed, or both. It also provides that if the building is a dwelling or if the life of any person is placed in jeopardy, the penalty will be a fine, imprisonment for any term of years or for life, or both. Church Arson Prevention Act of 1996 During the civil rights struggles in the 1960s, the burning of black churches became a common form of racial intimidation. This act of racial violence returned with renewed aggression in the 1990s with the burning of more than 66 black churches being burned in a period of 18 months. In response, Congress quickly passed the Church Arson Prevention Act which  Ã‚  President Clinton signed the bill into law on  July 3, 1996,   The Act provides that the crime of intentional defacement, damage, or destruction of any religious real property, because of the religious, racial, or ethnic characteristics of that property or intentional obstruction by force or threat of force, or attempts to obstruct any person in the enjoyment of that persons free exercise of religious beliefs. can result in from one year in prison for a first offense to up to 20 years in prison depending on the severity of the crime. Additionally, if bodily injury results to any person, including any public safety officer, a prison sentence of up to 40 years can be imposed as well as fines, If death results or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, the punishment can be a life sentence or death sentence. Return to Crimes A-Z

Performance Evaluation Using Accounting Information

What is performance evaluation? o Performance evaluations are formal review processes designed to encourage the informal day-to-day practice of performance management, while providing a framework in support of merit pay adjustments, promotion and employment decisions. Evaluating staff performance and helping employees develop their skills are important duties associated with performance management. Performance management begins with supervisors and employees collaboratively setting goals and standards, clearly communicating performance expectations and evaluating the results during the performance evaluation process. o o A performance appraisal is a systematic and periodic process that assesses an individual†¦show more content†¦Accounting data frequently is used in performance evaluations, because it is seen as an objective method to evaluate performance. While there are many advantages to using accounting information for this purpose, small-business owners should be carefu l to understand that there are drawbacks as well. Knowing the pros and cons of using accounting metrics can help business owners choose the right data to use for evaluating employee performance. Budget to Actual Many businesses expect employees to achieve budget targets as part of their overall performance. While the specifics requirements of each employee differ with the position and nature of the company, it is common for employees to be expected to sell a certain number of items, control costs versus a budgeted amount or reduce waste compared with a benchmark. A potential downfall of using budget information for performance evaluation is that employees may be so concerned with making budget targets that they may do so at the cost of other parts of the business. Sales Growth Sales employees and business management frequently are evaluated on the basis of sales growth. Sales growth usually is calculated as the percentage that sales have increased over the prior year. While this metric is commonly used to gauge performance, it does not come without drawbacks. If the general economy changes from year to year, then sales may naturally be increasing or decreasing. For example, if the economy is inShow MoreRelatedWhy The Training Program Is Effective Essay873 Words   |  4 Pagesas accounting clerks need to deal with different ethical dilemmas in the future. For example, supervisors may want accounting clerks to input incorrect financial data so that a company’s financial statements are attractive to investors. Section b I need to let new workers to write a test about basic accounting concepts so that I know what concepts workers are familiar. I can anticipate what new employees need to review based on tests’ result. 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Forensic Investigation Motor Vehicle Accidents †MyAssignmenthelp

Question: Discuss about the Forensic Investigation Motor Vehicle Accidents. Answer: Introduction This report herein is submitted as statement evaluation examination which forms crucial basis in determining the suspects accused of causing deaths. When making the final conclusion of the death as either natural or unnatural, which can be accidental, homicidal or suicidal, the scientific interpretation of the available evidence of crime scene shows traces of evidences of dead body, while circumstantial evidence are relevant management in determining the exact cause of death, (Lucas Denton, 2015). This is further can be strengthened by chemical analysis and Histo pathological examination which is important along the post mortem findings, (Agggrawal, 2014). Hence this report will seek to establish the cause of death of a dead victim and enable in linking up the connection between the evidence and accused persons who have already recorded the statements. The statement from the girl friend suggests that they were drinking with his boyfriend in the bar, with her sited next to the victim. Then suddenly a guy came and directed himself to where McTuffs was seated. They chatted briefly with him, however he looked suspicious. As the girl friend didnt want any trouble, he reached out for his boy friend. As she was doing so, she saw the person hovering a knife a shiny knife and in a twinkle of an eye, McTuffs was already n the floor. From the Girlfriend, McTuffs was bleeding profusely in the floor. Then the girl behind the bar called the police and ambulance. Multiple injuries expected at the head and the back side of the body. It is expected that the stab wound on the right flank area expectedly 29 inches and 3-1.5 inches in front are expected to be seen. The wounds will involve injury to subcutaneous and skin penetration on the tissues without in-depth penetration on the chest was and the abdominal area. The wound can further penetrate the skin and the intercostals musculature towards the pleural cavity into the right intercostals space without the striking rib. There will be likelihood of fresh hemorrhage and bruising to be noted on the part along the wound. The wound can be also be stabbed at the left side of the back. This wound will transversely be on the left side of the back, with measurements approximating to 33 inches below the head level and 4 inches in front of the body. Further due to the standing posture of standing, the wound can be expected to be beneath the skin in the subcutaneous tissue without reaching the chest cavity. Through the intercostals musculature and penetration ate the pleural cavity. The direction can be from the right side to the left side with no deviations as there no other deviations. Injuries relating to respiratory system will be minimal if not none. There will be no evidence or suggestion of obstruction of airway. With great observations there will be no lesions. The victim based on this statement could be dead due to several stab wounds at the back and frontal abdomen. The body physical appearance indicate some bruising on the left temporal and the adjoining fronto-parietal scalp, there are abrasion on the left side of the face. The presence of laceration on the left half of upper lip, this diffuses traumatic subdural haemorrhage which is observed in the brain as it appears as thin layer. The presence of haemorrhage is contused in the softened area on the base of the left frontal lobe of the brain part. There is presence of linear abrasion which measures 1.5x0.2 cm, which is present on the frontal part of the neck side. Further there is evidence of fractured hyoid bone with complete signs of displacement management on the fractured site, which lies the beneath of abrasions. The presence of abrasions cuts on the skin indicates that the skin has deep cuts, which was caused by blunt object victim. This can be an indicative of blunt object being hit on the upper head section of the head. There is presence of lacerations which causes tearing on the underneath of skin, this can cause severe bump on the head as evidence by the physical examination of autopsy. Further the clothings are expected to have stain wounds of blood with the clothing torn apart on the side of the injury. This will affirm the death of the victim The accused on the other hand claims that he was sitting at the bar ordering rounds of drinks at the table at the corner. However he wanted to move further, so he stood and took his bottle. However later he went to get them. While he was going he found himself standing in front a female standing in front of a man, so he reached over the guys arm and requested him to move aside for him to pass. However the gentleman didnt move, he states that the girl friend or the woman who was with him, pushed him on the floor and a collision ensured thereafter and spilt his drink on the man. Fearing for an attack the accused states that he raised his hand in an anticipated defense from the victim with his phone on the hand as he was trying to text a message to a friend. During this collision, the phone collided head on the head of the victim and his thinks that in addition to the glass of the phone hitting him, his wedding ring might have injured the victim. The victim crumbled on the floor bleeding profusely from the chest. He states that he requested the bar attendant to call the police and ambulance for help. The expected injuries from the victim include cuts on his hand or any part of his body due to the impact with the victim. Further it is expected that the phone the suspect claim to have caused the injury on the deceased, should have been badly tampered if to be believe the statement. Further the breakage of the screen glass is expected to be immense in that, and the glass particles should be seen and evidence from the floor. Furthur the glass should have the blood stain or at least its breakage on the table showing the damage it has caused on the body. Further broken glasses are expected on the floor of the body. The witness states that, he was sitting with his friends having a cool joint at the bar. Then all over sudden they had some commotions form behind, when he observed he saw a guy entering the bar and entered and headed to the table to reach for his glass, then suddenly there couples in front standing in front. Then a quarrel ensued with the girl friend and the guy, then all over sudden they saw the guy punching the victim on the stomach while up in the air, they saw a metallic silver object being swung , which he thinks it was a knife. Then what followed was blood everywhere and the victim suddenly fell down. The beer on the table got spilled everywhere and the glasses in pieces. Expected injuries would be heavy bleeding on the abdomen and fractured head with an estimation of bleeding occurrence taking place. The head further is expected to have deep cuts. Further the abdomen is expected to be bleeding with torned clothing in which the knife could have penetrated. Discussion of the evidence from the statements above In this case examination, the preliminary investigation as observed with the accused person, indicates that the victim was hit both backwards and on the abdominal pats with sharp object on the head which later caused the person to fall down. The post-mortem could show that there were injuries on the face and the back side of the brain. The occurrence and degree of mechanical injuries are reported and less marked by suicidal attempts than homicidal incidences. The fingernail present with abrasion features, (Dim Maio DiMaio, 2000) In deciding the death of the victim due to hit by sharp object, the study of physical examination could show, study of injury patterns point to harm cause by injury. In pathological case findings it is not common for a pathologist to get the scene of crime, but however visiting scene of crime often gives much information which gives an overview of the accident, (Lucas Denton, 2015). However due to inability by forensic pathologist, he can utilise the documentation documents already available from police records in determining the case analysis on the cause of death. Conclusion Murder cases basically refer to death in the hands of another hand. The patterns of injuries and circumstances of death indicate the manner. The case death of the victim can be attributed to murder death, with the accused using a sharp object to attack the victim to death.. This conforms to the police statements and the statements of the witness, which he observed the incident while the girlfriend who recorder statement upon seeing what was happening screamed for help. This led to the bar man calling for police help whom they came and took the statements of the witnessed and the girlfriend and the accused. References Aggrawal, A. (2014). APC Textbook of Forensic Medicine and Toxicology-Avichal Publishing Company. Avichal publishing company. DiMaio, D., DiMaio, V. J. (2001). Forensic pathology. CRC press. Lucas, J. R., Denton, J. S. (2015). Forensic Investigation-Motor Vehicle Accidents and Motor Vehicle-Pedestrian Accidents.