Abstract

http://ssrn.com/abstract=1272616
 
 

References (11)



 


 



Grading Arson


Michael T. Cahill


Brooklyn Law School

September 23, 2008

Criminal Law and Philosophy, 2008
Brooklyn Law School, Legal Studies Paper No. 151

Abstract:     
Criminalizing arson is both easy and hard. On the substantive merits, the conduct of damaging property by fire uncontroversially warrants criminal sanction. Indeed, punishment for such conduct is overdetermined, as the conduct threatens multiple harms of concern to the criminal law: both damage to property and injury to people. Yet the same multiplicity of harms or threats that makes it easy to criminalize "arson" (in the sense of deciding to proscribe the underlying behavior) also makes it hard to criminalize "arson" (in the sense of formulating the offense(s) that will address that behavior).

This article asks whether adopting one or more arson offenses is the best way for criminal law to address the conduct in question, or whether that conduct is more properly conceptualized, criminalized, and punished as multiple distinct offenses.

Number of Pages in PDF File: 15

Keywords: Arson, Criminal codes, Endangerment, Grading of offenses, Mischief, Property damage, Special part

JEL Classification: K10, K14

Accepted Paper Series


Download This Paper

Date posted: September 24, 2008 ; Last revised: June 1, 2009

Suggested Citation

Cahill, Michael T., Grading Arson (September 23, 2008). Criminal Law and Philosophy, 2008; Brooklyn Law School, Legal Studies Paper No. 151. Available at SSRN: http://ssrn.com/abstract=1272616

Contact Information

Michael T. Cahill (Contact Author)
Brooklyn Law School ( email )
250 Joralemon Street
Brooklyn, NY 11201
United States
718-780-7943 (Phone)
718-780-0376 (Fax)
HOME PAGE: http://www.brooklaw.edu/faculty//profile/?page=267

Feedback to SSRN


Paper statistics
Abstract Views: 1,337
Downloads: 47
References:  11

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.250 seconds