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Re: Cause of the Fire
Posted by:
Jim Mazerat (IP Logged)
Date: July 12, 2006 08:16AM
Jimmy
The incendiary fire is one intentionally ignited under circumstances in which the person knows that the fire should not be ignited. When the intent of the person’s action cannot be determined or proven to an acceptable level of certainty, the correct classification is undetermined. (See Section 18.6.)
18.6 Probable. This level of certainty corresponds to being more likely true than not. At this level of certainty, the likelihood of the hypothesis being true is greater than 50 percent.
Based on these two sections of 921, I would say if your reasoning to believe the person’s intent was to set the fire has the likelihood of being correct by over 50% or more likely true than not, than you are correct to classify the fire as incendiary.