[HPforGrownups] Expelling Draco?

[T.M. Sommers]

No: HPFGUIDX 71540

Alexandra Y. Kwan wrote:
> Hello,
> 
> At 08:17 07/12/2003, T.M. Sommers wrote:
> 
>>I think a competent prosecutor might be able to persuade a jury
>>that Malfoy had murderous intent.  At the very least he was
>>guilty of assault with a magical weapon.  That should be enough
>>for at least a couple of years in chokey.
> 
> I think you might have been assuming that the UK wizarding legal system 
> works the same way the US Muggle legal system works or, at the very least, 
> the way that the UK Muggle legal system works -- which we already know as 
> untrue.

Of course, but my point was that what Malfoy did, that is 
shooting when his opponent's back was turned (not to mention his 
conduct in the duel when he 'fired' on the count of 2) was 
despicable,and should be punished severely.

> We're talking about a legal system that Fudge manipulated into almost 
> sending Harry into Azkaban or St. Mungos because the poor boy was defending 
> his own life.  We're talking about a legal system that sent an innocent 
> (well, not innocent, but at least not guilty of the crime accused) man into 
> Azkaban for ten years.  We're talking about a legal system that somehow 
> allows Umbridge to torture students during detention (no one contest it's 
> torture, I hope?) -- and before you say that she wouldn't have been allowed 
> if only Harry said something, Seamus was punished the same way and I think 
> he definitely would have reported it to somewhere.

I agree that the wizardly legal system is grossly defective.  I 
think that may be one of Rowling's themes.  The ancient 
common-law protections for defendants (such as unanimous 
verdicts, the presumption of innocence, the right to silence, and 
the like) are under increasing attack in the US and the UK, and I 
suspect Rowling is commenting on this trend.

> In addition, Draco was 12 at the time of the duel and 14 when he tried to 
> curse Harry.  Surely you don't think people prosecute boys his age the same 
> way they do adults?  In the USA or the UK -- especially not in the UK, 
> afaik.  

Depending on the seriousness of the crime, juveniles can be, and 
should be, tried as adults.

> And of course, you're forgetting the little fact that Lucius 
> Malfoy, at that time, can probably buy off the jury with nary a thought.

I haven't forgotten it at all.  I was saying what should happen, 
not necessarily what would happen.

> So, no, my Draco baby is quite safe, thanks very much.

Too bad no one else is safe while he goes unpunished.