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Is it a crime?

When does an offensive act become a crime?

Smoke from the Grenfell Tower fire fills the skyline

One of the features of the AQA law specification is a focus on the nature of law and the theory and principles of the areas of substantive law you will be studying. This prompts thinking about why we regard certain behaviour as a crime or a tort but choose not to see other forms of behaviour in these terms. For example, we will hold a person criminally liable to act where he or she has a duty to do so. But we leave omissions to act, in the absence of a duty, to the realm of morality rather than law.

Sometimes examples in the news provide us with reasons to assess the nature of law. In November 2018, there was public outrage over a viral video of a group of people laughing while burning a cardboard model of Grenfell Tower on a bonfire. Questions were raised over whether this was a criminal act and whether those responsible should be prosecuted.

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Previous

Tackling extended-response questions

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Burglary

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