Wizarding justice (was use of unforgivable curses)

[ssk7882]

No: HPFGUIDX 33811

--- In HPforGrownups at y..., "christi0469" <christi0469 at h...> wrote:

 > I'm guessing that there is no 
 > death penalty in the british wizarding community. 

The wizarding community would seem to be strongly opposed to the death
penalty.  We've never heard of anyone being sentenced to death for 
*any* crime, and given the ugly mood of the crowd in the Penseive
scene of GoF, I imagine that the subject would at least have been 
raised, had the death penalty been an available option.

For that matter, the fact the Aurors were only authorized to kill
as an emergency measure during a time of war (were they allowed to 
kill in self-defense before then, I wonder?), and that this was 
generally perceived as a Desperate Measure, would seem to indicate
that the wizarding world really is remarkably pacifistic, in its own
twisted sort of way.

 > And being kissed by a dementor would be worse than death,
 > so even wizards who wanted revenge for the reign of terror
 > might be reluctant to call for it.

I get the impression that the Dementor's Kiss is authorized *only*
for those who have managed to escape from Azkaban.  The only time
we've ever heard of it being officially sanctioned was for Sirius, 
and the only time we've ever seen it performed was on Crouch Jr -- 
both of them Azkaban escapees. 

There's actually a nasty sort of logic at work there, if you think
about it.  If Azkaban can't hold a wizard, then chances are that
nothing short of death will suffice to control him.  But the 
wizarding world doesn't *believe* in the death penalty.  So 
what on earth are we to do about this dilemma?

Hey, I know!  How about the Dementor's Kiss?  It's just *like*
death really...except it leaves them alive, so it doesn't violate
our objection to capital punishment!  Best of all possible worlds.
Problem solved.

Ugh.  Nasty.

  -- Elkins, who thinks that wizard justice leaves much to be desired