Discuss and define the crimes of arson and criminal mischief

What will be an ideal response?


Arson has grown beyond its common law origins of punishing arsonists who burned occupied homes to include almost any kind of building, vessel, or vehicle. It's a crime against possession and occupancy, not ownership. The actus reus of arson is a burning, which modern statutes have defined as "setting a fire" and can include an explosion. The mens rea is maliciously or willfully intending to burn someone else's property. It is a general-intent crime which means that all that is needed is the intent to set a fire. The arsonist need not intend to cause harm to the structure or anyone inside the structure.
Criminal mischief is damaging or destroying property. There is much variation in statutes across the country concerning criminal mischief. Generally, the actus reus can include (1) burning, exploding, flooding, or committing some other dangerous act; (2) tampering with property, even if it does not cause harm; and (3) deception or threats that cause a person to suffer loss.

Criminal Justice

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