The Nature of Arson
Arson in the common law is regarded as a crime against a person's property, though legal definitions have changed throughout American history. By the 18th century, English law stated that arson was defined as the malicious burning of another's dwelling. This reflected the emphasis on protecting human life and property from fire.Early American arson laws were based on English common law, emphasizing the protection of homes and public buildings. Arson was considered a capital crime in many cases. The rise of factories and urbanization led to changes in arson laws, as fires could cause significant economic and social harm.
As society shifted into modern times, as did arson law. The focus shifted to the intent behind the act, such as malice, negligence, or recklessness. Laws began to account for the burning of commercial properties and public infrastructure. American law has since shifted to include not only private residences, from shops, barns, and even railcars and boats in some instances. As property insurance became more common, laws increasingly targeted arson committed for fraudulent purposes. In modern times, arson has been seperated into degrees depending on factors like the risk to human life and the type of property involved.
In the present, arson is seperated by three degrees based off of damages incurred by the fire and/or the presence of people in or around the location of the fire. In the time period of 1900-1920, degrees of arson in Nebraska were non-existent, as they adopted them under the 1962 Model Penal Code. In The Beatrice Daily Express, incendiary crimes are simply reported as 'arson'.
The arson crimes reported in The Daily Express follow similar trends seen in the judiciary system, with more insurance fraud arson cases being reported in the latter of the time period researched. In a 1914 article entitled "Cahill of Arnold is Charged with Firing His Home" a Nebraska man was charged with burning down his own house after investigators discovered he had recently insured his house, furtniture, and multiple other personal objects of value.