Arson (fire-raising)
Herschel Prins
How great a matter a little fire kindleth!
New Testament, authorised version (Letter of James, 3:5)
The title of this chapter merits brief comment. Why is arson (fireraising) a special problem, and why is there a dual title? Arson is a special problem because not only is it regarded as a very serious form of criminal behaviour, but because its detection can be very difficult. It is an offence that can be committed at ‘one removed’ by an offender, and it may sometimes involve unintended victims. Forensic psychiatrists will meet a number of arsonists in the course of their work but, increasingly, general psychiatrists are likely to come across them from time to time, for two reasons. First, the High Court in England and Wales has suggested that psychiatric reports are advisable in all cases where the motivation for the offence is unclear. Second, as will become clear from the writer’s later comments, there has been a worrying increase in arson committed by young adults and children. Thus it is probable that child and adolescent psychiatrists are likely to come across cases more frequently. However, Soothill indicates a word of caution. He suggests that over-reliance upon psychiatric involvement may tend to ‘medicalize’ socially problematic behaviour.(1) The dual title that heads this chapter indicates the legal term used in the United Kingdom to describe acts of unlawful fire-raising. However, the term is not in universal use; readers will find that in other jurisdictions (notably in the North Americas) the terms are fire-raising, fire-setting, incendiarism, and in certain specific instances, pyromania and pathological fire-raising.(2) The term fire-raising is used in this chapter since the alternative terminologies can be subsumed under it.(3,4)
Brief historical context
The phenomenon of fire, its uses and misuses, has figured extensively in myth, legend, and literature. For example, Prometheus is said to have stolen fire from the Gods and the myth became the mainspring for much psychoanalytic theorizing about fire-raising behaviour.(3) There are numerous early historical references to incendiary mixtures and devices, including sketches for mortars by Leonardo da Vinci.(5) In the mid-nineteenth century, the medical profession became interested in the explanation of fire-raising behaviours; and subsequently, adherents of psychoanalysis proposed various complex and somewhat doubtful explanations for such conduct. In particular, they linked fire-raising behaviour to sexual disturbance of one kind or another. Although sexual problems do appear in the backgrounds of some recidivist fire-raisers, the importance of the links has, in the present writer’s view, been somewhat overstated.(6) Having said this, it should perhaps be noted that the phenomenon of fire is not infrequently linked linguistically to aggression and sexuality. For example, we speak or write of ‘white hot rage’, ‘heated arguments’, ‘inflamed passions’, to have the ‘hots’ for a sexual partner. Language is the conveyor of cultural values and attitudes and can be a powerful force in influencing our modes of thinking and expression about the phenomenon of fire in its many manifestations.
The size of the problem
During the past two decades concern about the increase in fire-raising has been expressed worldwide. Table 11.9.1 gives the number of offenders convicted of arson in England and Wales for the years 1999-2003.
These figures only provide a partial picture, since it is often very difficult to establish whether a fire has been started deliberately (fires of doubtful origin or, if strongly suspected, malicious ignition). Happily, recent advances in forensic science have brought about improvements in the detection rate. A more reliable picture of the real size of the problem can be obtained from the United Kingdom Fire Statistics. The latest figures indicate a continuing worrying number of deliberate fires—some 91 200 in 2004 and, in particular, the number of attacks on vehicles and schools. ‘Arson in vehicles … accounts for 60% of all deliberately set fires at 55,000 per year’. In 2004, in the United Kingdom, there were 840 school fires, slightly down on 896 in the previous year. Fatalities dropped from 117 in 2003 to 88 in 2004. Overall, the number of deliberate fires decreased by 21 per cent in 2004,(8) an encouraging trend. The cost of fires in
purely monetary terms is considerable; for example, figures from the Association of British Insurers (ABI) indicate ‘that the cost of commercial fire claims in 2005 was 791 million pounds’—a record.(9)
purely monetary terms is considerable; for example, figures from the Association of British Insurers (ABI) indicate ‘that the cost of commercial fire claims in 2005 was 791 million pounds’—a record.(9)
Table 11.9.1 Arson, number of offenders found guilty of arson in England and Wales for the period 1999-2003 | |||||||||||||||
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Legal aspects
Legal definitions of arson vary from country to country. In England and Wales, prior to 1971, arson was an offence at common law. Currently, it is dealt with under the Criminal Damage Act, 1971. Similar provisions apply in Northern Ireland. In Scotland, it is dealt with under various common law offences. Section 1 of the 1971 Act states:
1 A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.
2 A person who without lawful excuse destroys or damages any property, whether belonging to himself or another:
intending to destroy or damage any property or being reckless as to whether any such property would be destroyed or damaged; and
intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered; shall be guilty of an offence.
3 An offence committed under this section by destroying or damaging property by fire shall be charged as arson (emphasis added).
NOTE: Recklessness has recently been clarified by the High Court as follows: ‘A person also acts recklessly within the meaning of Section 1 of the 1971 Act with respect to (i) a circumstance where he is aware of a risk that exists or will exist; (ii) a result when he is aware of a risk that will occur; and, it is in the circumstances known to him, unreasonable to take the risk’.(10)
The seriousness with which arson and endangering life is recorded is reflected in Section 4 of the Act where both are punishable by maximum penalties of life imprisonment.
Classification, motivation, and management
Classification
An early, large-scale attempt to classify fire-raisers was undertaken by Lewis and Yarnell.(11) For an account of this and other earlier studies see Prins.(12) Faulk proposed two useful broad groupings. Group I consisted of those cases in which the fire served as a means to an end (for example, revenge, fraud, or a plea for help); Group II consisted of those cases where the fire itself was the phenomenon of interest.(13) Some years ago the present author, together with two psychiatrist colleagues, examined the files of a group of 113 imprisoned arsonists being considered for parole.(14) From this small (and admittedly highly selective) sample a rudimentary classification was devised. (See Table 11.9.2). This has been used by others as starting points for their own and perhaps more sophisticated classifications. The present writer has more recently modified slightly this earlier classification.(3) Despite modification it can be seen to still have certain weaknesses since it collates the behavioural characteristics of fire-raisers, various types of fire-setters and their motivations.(15)
Table 11.9.2 Suggested classification of the motives of arsonists (fire-raisers) | ||||||||||||||||||
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