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Question 1
Freddie is burning leaves with some matches when he gets bored and decides to burn something larger. He walks past a nice looking home and he decides that it would be fun to burn it. He makes a Molotov cocktail and throws it through the window. The carpet in the living room where the cocktail lands ignites and soon the room has filled with smoke. However, the house's sprinkler system is activated before any real damage can be done. All told, the rug was completely burned but the walls and floor were only scorched and discolored by soot. If Freddie is charged with arson, he will be convicted:
Correct
Incorrect!
Correct In order to be convicted of arson the defendant must have actually caused some damage to the dwelling by fire. The damage does not have to be serious or extensive but some part of the dwelling must have been charred by the flames. Scorching or discoloration by heat or smoke is not enough for an arson conviction. In this case, no part of the dwelling was actually charred. Therefore, Freddie cannot be convicted and FALSE is the correct answer.
Incorrect! In order to be convicted of arson the defendant must have actually caused some damage to the dwelling by fire. The damage does not have to be serious or extensive but some part of the dwelling must have been charred by the flames. Scorching or discoloration by heat or smoke is not enough for an arson conviction. In this case, no part of the dwelling was actually charred. Therefore, Freddie cannot be convicted and FALSE is the correct answer.
Question 2
Freddie is over at a friend's house watching the ball game. After the game, Freddie lays down on his friend's couch, lights up a cigarette and starts flipping through a sports magazine. Unfortunately, Freddie falls asleep while his cigarette is still lit. The cigarette slips out of Freddie's hand and lands on the living room rug. The rug ignites and, soon, the whole house is on fire. If Freddie is charged with arson, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct In order to be convicted of arson, the defendant must have either intended to burn the dwelling, knew that because of his actions the dwelling would burn, or that the defendant intentionally created a fire hazard that threatened the dwelling. This being the case, if a defendant burns the dwelling of another through an act of negligence, he cannot be convicted for arson. Here, Freddie was nothing more than negligent. That being the case, he cannot be convicted of arson and D is the correct answer.
Incorrect! In order to be convicted of arson, the defendant must have either intended to burn the dwelling, knew that because of his actions the dwelling would burn, or that the defendant intentionally created a fire hazard that threatened the dwelling. This being the case, if a defendant burns the dwelling of another through an act of negligence, he cannot be convicted for arson. Here, Freddie was nothing more than negligent. That being the case, he cannot be convicted of arson and D is the correct answer.
Question 3
Freddie is burning leaves with some matches when he gets bored and decides to burn something larger. He owns a small log cabin in the forest and he decides that it would be fun to burn it. He drives up to his cabin, which is the only dwelling for miles around, makes a Molotov cocktail and throws it through the window. The carpet in the living room where the cocktail lands ignites and soon the house is completely engulfed in flames. If Freddie is charged with arson, he will be convicted:
Correct
Incorrect!
Correct If a person sets fire to his own dwelling he can be convicted of arson if he creates a high risk that someone else's dwelling will also catch fire, and the other person's dwelling actually does catch fire. In this case, there were no other houses around so there was no risk to other dwellings. That being the case, Freddie cannot be convicted and FALSE is the correct answer.
Incorrect! If a person sets fire to his own dwelling he can be convicted of arson if he creates a high risk that someone else's dwelling will also catch fire, and the other person's dwelling actually does catch fire. In this case, there were no other houses around so there was no risk to other dwellings. That being the case, Freddie cannot be convicted and FALSE is the correct answer.
Question 4
Freddie is burning leaves with some matches when he gets bored and decides to burn something larger. He walks past a nice looking home and he decides that it would be fun to burn it. He makes a Molotov cocktail and throws it through the window. The carpet in the living room where the cocktail lands ignites and soon the room has filled with smoke. However, the house's sprinkler system is activated before any real damage can be done. All told, the rug was completely burned but the walls and floor were only scorched and discolored by soot. If Freddie is charged with arson in a jurisdiction that has adopted the modern rules for arson, he will be convicted:
Correct Under modern statutes, burning is not required in order to result in a conviction. That is to say, as long as the defendant started a fire with the intent of damaging or destroying the structure that he is setting fire to, he will be convicted of arson even if the structure is not damaged at all. Here, since Freddie started the fire with the intent to burn the house down, he can be convicted of arson, even though no part of the dwelling was actually damaged. Therefore, TRUE is the correct answer.
Incorrect! Under modern statutes, burning is not required in order to result in a conviction. That is to say, as long as the defendant started a fire with the intent of damaging or destroying the structure that he is setting fire to, he will be convicted of arson even if the structure is not damaged at all. Here, since Freddie started the fire with the intent to burn the house down, he can be convicted of arson, even though no part of the dwelling was actually damaged. Therefore, TRUE is the correct answer.