TO IMPROVE NYC ARSON LAWS
Executive Summary
Execution of arson laws has been faced with limitations where lawmakers have detected challenges and inefficiencies of laws such that there has been inequality in delivering justice. The essence of the following study is evaluation of the loopholes within the arson laws and the available solutions which are recommendable in strengthening the equity when administering justice concerning arson laws.
Table of Contents
Proposed alternatives and solution criteria’s. 4
Power of inspection anterior to the fire outbreak. 4
Power to investigate after the outbreak of fire. 4
Power of conducting hearings and examination of witnesses. 5
The optimal course of action. 8
Introduction
A person is found guilty of arson within the fifth degree in the case where he or she with intent causes damages on the property of another with no consent of the owner through intentionally causing an explosion or starting a fire.
Objectives
To increase the efficiency of the arson laws and effectiveness of authorities enacting the performance of the legislation, there has been developing an urge to establish the NYC laws. Such recommendations have been designed for the facilitation of investigations regarding fires and after their occurrence. However, the current legislature contains several provisions that are inadequate to meet the objectives of the laws. Some of the statuses fail to confer with adequate powers that enable entities such as field marshals to act efficiently. In contrast, others happen to afford powers that appear to be broader, exceeding the requirements of necessity, which is subject to attack on a constitutional basis (Hopkins, 2009).
The lasting solution to the arson problems lies in the development of an adequate balance ranging across the interests of public safety as well as protection of individual rights. The challenges engulfing the attainment of the defined objective is readily evaluated through analysis of application that involves several powers of the arson laws relating to the problems of arson investigation.
Background of the problem
The study will evaluate the performance of law organs which are executing the arson laws and to what extent are the enforcers validating the occurrence of the crime before they engage in generating judgment. Evaluation of the data will involve engagement in interviews through questionnaires and personal interviews involving both law enforcers, the complainant, and the defendant (Hopkins, 2009). This offers the chance for the researcher to scrutinize the efficiency of arson laws as well as stipulating measures within which, if adopted, are likely to improve the NYC law’s execution.
The study will largely confine to defining the problems which are arising from the results of fires that have already occurred. A bright and broad understanding of the problem of arson and arson laws investigations and execution requires a preliminary inquiry into the powers of the fire marshal anterior to the fire outbreak. The purpose of the research study is evaluation of the following strengths regarding fire and arson laws their effectiveness and measures that require to be adopted by the involved parties to ensure the effectiveness of the arson laws is achieved and all the parties affected are equitably treated by the law(Okumuş & Eren, 2020).
Proposed alternatives and solution criteria’s
Power of inspection anterior to the fire outbreak
The right to inspect particular premises has to be included within the general power, which has to be retained within the individual states. For the execution of the arson charges, law enforcers should make considerations as to whether the powers that are granted by the legislature to the agencies that prevent fire, whether they are reasonable and if they comply with a substantial relationship with the conflicting parties (Scheck, 2016). Before the judiciary can enact on making their ruling, it is recommended from the research that they focus on the weight of the evidence presented towards the relationship between the defendant and the plaintiff.
Power to investigate after the outbreak of fire.
In a scene where the fire has occurred or is in progress, a thorough search for the premises is recommended to ensure the evidence of the cause has been established, origin as well as the circumstances of the fire, the fire marshal is subjected to the constitution. However, since there is the need for securing evidence regarding the cause of the fire before such vital evidence and information are destroyed. The NYC arson laws have recommended the broadening of the powers mandated to the field marshal, which enables him to access the premise without the need of having a search warrant (Okumuş & Eren, 2020). To instill more force on the enactment of the arson laws, the concerned bodies have granted extension hours to the investigation of fire scenes to be all day and night for research, which is improvement focused on enacting more weight on the effectiveness of NYC arson laws.
The study also suggests that within this power, the field marshal to be entitled to the power of inspecting the surrounding and neighboring scenes, limiting the field marshal to take precautions to ensure the reasonable of the search. Since if they happen to find the source of the fire within the neighboring premises and lack an intelligent insuring search, the law will term the search as illegal, excluding the evidence from the subsequent criminal prosecution.
Power of conducting hearings and examination of witnesses
At the point when a fire has happened, the fire marshal has a position to hold hearings to decide if the fire was flammable. The authority of the fire marshal as a regulatory official to gather observers, what’s more, take their declaration and constrain the creation of essential papers, records, and books is a merely legal appointment concurred the authority to decide issues of reality. In any case, in the activity of this. “It is a typical event at the area of the fire to locate the proprietor or inhabitant examining around through the flotsam and jetsam, apparently scanning for missing resources (Okumuş & Eren, 2020). It might be, nonetheless, that what they are looking for is the proof of a set fire so he may decimate or evacuate it before the specialist discovers it.”
On the off chance that an observer has willfully affirmed at a hearing before a fire marshal or other exploring official, his announcements might be utilized against him upon a resulting indictment. An exploring official is typically under no obligation to prompt an observer or even a charged as to his protected rights (Redsicker, & O’Connor, 1996). However, the actuality that no caution was given might be considered as a component influencing the suitability of the announcement at a later preliminary.
Along these lines, while the customary observer must submit to being called and depended on either party and should answer all inquiries aside from implicating ones, the denounced is excluded from being called by any means.
With an end goal to encourage the insightful procedure, the utilization of the arrangement barring all people other than those considered to be required by the fire marshal ought to be energized. In any case, all together that the benefit against self-implication might be saved by and by, the meeting official ought to be required to prompt those observers who are too suspects of the interest against self-implication.
Research Design
For evaluation of the arson laws shortcomings that require improvements and restructuring, the research will focus on conducting both the quantitative and qualitative analysis for the assessment of the current laws and address that is needed on the laws. Quantitative analysis will be significant in the provision of evidence through existing data that will be collected from law agencies and other law firms integrating the effectiveness of the current laws and restructuring required to increase the efficiency of the arson laws. A qualitative research design will also be significant within the research process as it will help to obtain data form conversational. Open-ended communication such as interviews focused on evaluating not only what people perceive on arson laws but also the reasons triggering them to think so and assessment of the measures and recommendations which citizens think when reviewed will improve the effectiveness of the laws in NYC.
Matrix Analysis
After evaluation of the alternatives and clauses that required restructuring and evaluation the alternatives were classified as follows regarding the weight of execution that they required;
- inspection anterior to the fire outbreak =5
- conducting hearings and examination of witnesses =4
- conducting hearings and examination of witnesses = 4
Having classified the alternatives based on the levels of their priorities will enable one to proceed with research inserting the necessary course of action to the alternatives recommended for improvement of the NYC arson laws focusing on their priorities.
The optimal course of action
Inspection anterior to the fire outbreak
Based on the study conducted, it was established that the primary focus of the effectiveness of arson laws is weighted on the inspection conducted by the fire officers. To improve the efficiency and fairness of NYC arson laws the research suggests that there should be an extensive gathering of information and inspection of the crime scene to ensure that there is enough evidence to support the charges that are subjected to the defendant this will assure the court of laws will deliver the best and equitable judgment based on the evidence that is availed by the inspectorate docket.
Recommendations
At the end of the agent’s declaration, he should hold up until he is appropriately pardoned before leaving. The appointed authority typically communicates this. After being pardoned, one should move straightforwardly toward the entryway, not halting to talk or gesture to anybody, overall the examiner. He should make each endeavor to leave the jury with the impression that his declaration was altogether unoriginal. Finally and notwithstanding carrying on a careful, complete examination and giving powerful testimony in the court, the agent ought to consider as one of his most significant guides the training of the general population regarding the reality of incendiarism. One must cause the general population to understand that he needs their participation on the off chance that he is to accomplish any level of achievement in the field of incendiarism examination.
References
Hopkins, M. (2009). Why Are Arson Detection Rates so Low? A Study of the Factors that Promote and Inhibit the Detection of Arson. Policing, 3(1), 78–88. https://doi.org/10.1093/police/pan069
Okumuş, E. M., & Eren, Ö. (2020). RECOMMENDATIONS FOR DETERMINATION AND IMPROVEMENT OF DAMAGES ON WOODEN WINDOWS OF HOUSES: THE CASE OF FENER AND BALAT SETTLEMENTS. E-Journal of New World Sciences Academy, 15(1), 43–68. https://doi.org/10.12739/nwsa.2020.15.1.1a0450
Redsicker, D. R., & O’Connor, J. J. (1996). Practical fire and arson investigation. CRC Press.
Scheck, B. C. (2016). Conviction integrity units revisited. Ohio St. J. Crim. L., 14, 705.