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MMLU / A homeless man was walking down the street on a very cold night, when he entered…

Problem

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question

A homeless man was walking down the street on a very cold night, when he entered an unlocked warehouse to get warm. There were some homeless families inside and he sat on the floor in a corner. He began to play with matches, lighting them for a bit of warmth, and then blowing them out. He carelessly threw them in a pile of refuse on the floor, which started smoldering. He got bored with that and looked around for something else to do. Meanwhile, the tiny fire grew, and the whole back of the building became ensnared in flames. Based on witness statements, the police arrested him for arson, which statutorily requires the "malicious and intentional" setting of fire to a structure. Will the prosecutor likely go forward with a prosecution for arson?

choices

  1. Yes, because he was a trespasser and he disrespected the rights of the owner of the building.
  2. Yes, because he knew that he was creating an unreasonable risk of harm to others by playing with matches.
  3. No, because the owner of the structure made it too easy for outsiders to get inside the building, thus assuming the risk of the consequences.
  4. No, he did not intentionally set a fire or intend to burn the building, and he did not act maliciously.

subject

professional_law

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