[HPforGrownups] Re: Expelling Draco?

[Alexandra Y. Kwan]

No: HPFGUIDX 70157

Hello,

T.M. Sommers:
> Anything capable of causing injury, even if that is not its 
> primary or usual purpose, can be a deadly weapon in the eyes of 
> the law.

American law; American *Muggle* law. They are *not* on USA soil, unless 
you haven't noticed. Anyway, I agree that it wasn't like taking a 
swing, but more like throwing a stone or even a butter knife. I don't 
quite think you can make it stick with attempted murder even if we're 
talking about USA Muggle law. Assault maybe.

> That he missed is no excuse; that is the purpose of criminalizing 
> attempts.  That he is a schoolboy does not immunize him from the law.

No, but you don't try minors the same way you do adults; you don't even 
arrest and/or charge them with crimes the same way you'd adults, 
especially if their parents are rich and powerful. Even if you make it 
stick, the worst would be community service.

Hm, wonder what in the wizarding world would be considered community 
service...

> Here, for example, is the definition of "deadly weapon" in the 
> New Jersey criminal code: '"Deadly weapon" means any firearm or

Perhaps an example of British law might be more appliable here, despite 
its, er, Muggle-ness.

I mean, it doesn't matter whether we're talking about the ideal or 
the 'reality' of the wizarding world. It's already obvious that they 
have different laws from ours (ours as in USA law). Even if we're 
talking about what should be done, let's stick to what laws the 
wizarding world has (and if we're talking about what's actually going 
to happen, the whole discussion is pointless, then, since Draco would 
never have been charged, (which is exactly what happened)); or if 
you're going to use Muggle laws as examples, let's stick to British 
laws, 'cause otherwise, the whole point is moot, really.
 
> Draco isn't close to being a saint.

No, but nor is he the serial killer/criminal you're painting him to be. 
For goodness sake, the boy is 15, let up grow up to adulthood before 
making your final judgement. Or, better yet, let's wait until all the 
books come out first.

little Alex