HPforGrownups] Harry and the Cruciatus

[Silverthorne]

No: HPFGUIDX 96123

Dysis:
I completely disagree. Just because Harry cannot cast
Crucio the correct way doesn't justify the fact that he did try. In our society, a criminal can be punished for attempted murder.

In our society one can also be found to have performed
justifiable homicide. One of the precursors to the
legal use of force is self defense and the other is to
stop the use of force against another innocent.


{Silverthorne}

**Quick note--I copied and pasted the above directly from Darrel's post, but I think we're missing a name in there somewhere...sorry if I'm not giving correct credit to the right person/people...**

I think the problem here is that we have a moral as well as a legal issue going on.

*Legally* speaking, in most cases around the 'free' world, Harry would indeed get off on the grounds that his actions could be seen as:

1) Self Defence

2) A 'Crime of Passion' (So angry he just did it without thinking--and in the situation, it would be perfectly understandable from most courts POV)

3) Temporary insanity in regards to the use of an illegal curse--for much the same reason as reason two.

4) (In a stretch) some sort of 'civilian' attempt at arrest/subduing of a wanted criminal (Which in the States at least, you theoretically do as a 'Citizen's Arrest' scenario--although in the case of someone like Bella, it would be considered unwise to attempt...)

So in a completely *Legal* sense, Harry could and most likely would, be judged 'innocent' of any crime--provided of course, Malfoy didn't pay for a really really good lawyer on the other side...^^;.

*Morally* speaking, Harry's choice of curses is worrying--he had seen Crucio used before, he knows what it can do, has in fact seen it used not moments before, and yet that is still his weapon of choice.

Still, even on moral grounds, Harry's reaction is understandable by completely human standards--he is young, not used to controlling his emotions yet, and completely distraught at the time. Like any teen, he reaches for the first thing handy--the last spell he most likely can clearly recall being used, and that might actaully do some *real* damage--so out comes the Cruciatus.

The worry comes in whether or not he'll consider that an option in the future. *If* he thinks it through, *if* he chooses somethng other than the 'easy way out', then he'll be fine...

If he chooses Tom's route however, which seems to be 'use whatever tool you can to acheive your goals', then he's in trouble.

Doing something awful once in the throes of extreme emotional stress is understandable--I'm sure each and every one of us on this board can think of at least one 'morally questionable' action they've taken in their lifetime under such conditions--perhaps even a really really bad one (I can think of three right off the bat--all of which I regret now). 

Doing something like the Cruciatus twice is regretable, and hopefully the person realizes what they are doing and takes a more careful look at themselves--in other words, relearns some of their knee jerk reactions and works to fix it.

More times than that though, and then there *has* to be a serious questioning of the person and their motives--both by themselves (if they really *are* trying to walk the 'straight and narrow'), and by those around them.

In the case of Harry, he's had his first serious 'oops' now--it doesn't make him 'bad' like Tom--not yet...but if he keeps doing it, then yes, we need to worry, and worry a lot. When a moment of passion becomes a habitual responce, worry.

Harry hasn't done that yet, though, so no worries for him just yet...

Let's hope JKR keeps it that way. ^^

Anne/Silverthorne


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