Georgia Arson Case Study

The Georgia laws against the crime of arson are divided into three degrees of severity; first, second and third degree arson which can be found under Georgia Code Title 16, Sections 16-7-60, 16-7-61 and 16-7-63. All degrees of arson in the state of Georgia are prosecuted as felonies. Although the penalties for each degree are slightly different as well as their definitions, they have all been expanded through the years to cover the burning of any type of property. i.e. personal property, buildings, land, structures, vehicles, watercrafts, etc. whether they be occupied, unoccupied or vacant and without permission. For example a person convicted of arson in the first degree can be punished by a fine not to exceed $50,000.00 and a prison sentence …show more content…
the crime of arson has become prevalent through the years in the United States. It is for this reason, there has been action on the state level to strengthen arson laws across the U.S. by expanding the definition as well as its penalties. By expanding upon existing laws, the crime of arson is slowly decreasing. For example, in the first six months of 2014 the number of arson offenses has decreased about 6.5 percent compared to figures for the first six months of 2013 (FBI, 2015). As a matter of fact, all four regions have reported a decrease in the number of arsons. With that being said, do I believe that Georgia’s arson laws are just and fair? Yes, I do, to a certain extent that …show more content…
I for one, am also torn. Although I believe that Georgia’s arson laws are just, I also believe that anyone who suffers from a mental illness to the extent that he or she does not know that what they were doing was wrong when they committed the crime of arson should be considered insane and thus allowed to use the insanity defense. It is not uncommon, however, for arson defendants to plead not guilty by reason of insanity (NGRI), but because arson is a general-intent crime, many courts have ruled that a diminished-capacity defense does not apply to arson (The New Iowa Criminal Code, 1980). If this is the case, then no, I do not believe that an arsonist who is mentally ill or is said to have a diseased mind should face the same legal consequences of an arsonist who is considered mentally healthy. Instead of being incarcerated for such a crime, they should be committed to a mental institution for recovery until he or she is deemed sane or poses no threat to