Property Discussion

Property Discussion

Selected Crime: Arson
Selected Case: JONES v. UNITED STATES
Under common law, arson refers to a crime of willful setting on fire with a malicious
intent to cause physical damage. While the crime is mostly associated with houses, it may also
include other different types of property that are damaged by fire, including automobiles and
industrial equipment.
The crime is categorized as a felony and usually classified in different degrees across
different states based on the type of property damaged and the harm that results therein. For a
crime to qualify as arson, the law stipulates that it must fulfill four key elements: Malice, an act
of burning, involves a dwelling place, and belonging to another person ("Arson," 2016). If the
crime does fulfill these four elements, the court may rule out arson as the crime.
Malice or malicious intent is the element to cause harm, and the act of burning involves
charring a section or whole part of a dwelling through exposure to heat or flame. As long there is
a presence of heat or flame that leads to damage, common law perceives this element as fulfilled.
The third element, “Dwelling,” refers to a person’s area of living or residence or also any
structure that is habitat to certain occupants ("Arson," 2016). The fourth element of “belonging to
another” refers to the act of burning a property that belongs to another person. If one burns their
residence, common law does consider that as arson because they are rightful property owners.
In the case JONES v., the UNITED STATES, the act of deliberately throwing Molotov
cocktail to the residence of the cousin fulfilled the element of malice; the fire that resulted in the
residence fulfilled the element of “burning a residence” and the fact that the house was the home
of their cousins fulfilled the element of “Dwelling” and the fact that Jones did not own the
fulfilled the element of “Belonging to another” ("Jones v. United States," 2000). The accused
was found guilty of the Arson.