Harry's Use of Cruciatus curse

[Bex]

No: HPFGUIDX 109886

Danie wondered:
> I didn't see anything about this in the FAQ, so I'm not sure if 
it's been discussed before.  I found it very disturbing that Harry 
attempted to use the cruciatus curse on Bellatrix.  If it's an 
unforgiveable curse, shouldn't he be sent to Azkaban for using it?  
Or, is it ok to use against Death Eaters or defending oneself against 
those who do use unforgiveable curses?  I don't think "righteous 
anger" would be an excuse or anyone could claim it.  Perhaps, because 
Harry tried to use the curse but essentially failed because it only 
hit Bellatrix but didn't cause her pain, he might not actually have 
been seen to have used it.  
> 
> Hhmm.  Interesting, though,that Dumbledore doesn't say anything 
about it at the end of the book and Harry doesn't unload his 
conscience about it--or will it be something Voldemort will use 
against him in the future?


Yb responds:
Well, remember, back dureing and immediately following the first war, 
Aurors were allowed to use the UCs on Dark wizards/DEs if necessary. 
I would imagine excessive use would warrant an investigation, but the 
occasional "Crucio" or AK was allowed. I think this is a hint of 
things to come. We'll probably see the MoM take a new stance on the 
UCs, since LV is back and badder than ever. In the heat of battle, a 
wizard (good guy) would probably be forgiven for an AK if it was a 
life-or-death situation. "Crucio" and "Imperio" are less likely to be 
forgiven, since they aren't really self-defense mechanisms so much as 
torture weapons and means of control.

Harry may be in trouble, though. I am sure everyone will back him up 
if it comes down to needing witnesses, but did anyone that would 
really care (like a MoM official) see him use the curse?

Of course if it comes to trial he's in hot water. He used the 
Cruciatus curse out of anger, not self-defense, even though he was in 
considerable danger. The only reason it didn't "work" was he didn't 
have the magical power behind it, nor the will to *really* want it to 
happen. Harry wouldn't want to hurt someone just for the sake of 
inflicting pain. I think he will have a bit more credibility with the 
MoM now than at the beginning of OotP, but he is still an underage 
wizard who cast a UC. I doubt he will land in Azkaban, but he may be 
in for some trouble.

Re: his conscience and LV
I don't think Harry will lose much sleep about making Trixie feel a 
few pin pricks. She deserved it IMHO. If there was ever a need for a 
llightning bolt, I think it needs to be aimed in her direction. And 
as for LV "lording" it over Harry? Highly doubtful. LV doesn't care 
about using the UCs. He uses them more than "Accio" for crying out 
loud, he won't care. The only thing he'll do to Harry regarding 
Hartry casting a UC is taunt him into doing another. ("C'mon, do it 
again! Whatsamatta? Ya scared? C'mon, do it again!")

My thoughts, keep the change.

~Yb