Harry and the Law (was:Re: Is Harry a Murderer / Killer!! ?? !! Yeah or Nah??)

[Geoff Bannister]

No: HPFGUIDX 151190

--- In HPforGrownups at yahoogroups.com, "horridporrid03" <horridporrid03 at ...> wrote:
>
> > >>Eggplant:
> > <snip>
> > Harry was the victim of an unprovoked attack by Draco with an      
> > Unforgivable Curse, Harry would have been entirely justified if    
> > he'd killed Draco when he was defending himself.
> 
> Betsy Hp:
> Oh, I don't know.  Draco could make a reasonable argument that he 
> was trying to protect himself from an aggressive stalker.  
> Especially if the map came out.  I'd also point out that this 
> particular argument would mean Bellatrix was perfectly in her right 
> to kill Harry at the MoM, and Snape had a right to kill Harry at the 
> end of HBP.

Laurel Lei:
> And what about Draco in the bathroom and the sectasempra spell...? The
> spell for enemies... the spell that Snape "reversed"... had Snape not
> arrived and known what to do (because he was the "Prince" and possible
> author)...???? Would Harry then have become a murderer if Draco had
> died? Isn't what he did attempted murder?

Geoff:

I disagree.

If I might quote part of post 151065 which I sent two days ago...

<quote>
Draco raised the stakes in the duel. The fight began with a Levicorpus and a
Leg-Locker
Curse and then...
'Harry slipped over as Malfoy, his face contorted, cried, "Cruci-"
"SECTUMSEMPRA!" bellowed Hary from the floor, waving his wand wildly.'
(HBP "Sectumsempra" pp.488-89 UK edition)

Harry was being plain stupid in using an unknown spell and giving into
temptation:

'Harry was about to put his book away again when he noticed the corner of a page
folded
down; turning to it, he saw the Sectumsempra speel, captioned 'For Enemies',
that he had
marked a few weeks previously. He had still not found out what it did, mainly
because he
did not want to test it around Hermione but he was considering trying it out on
McLaggen
the next time he came up behind him unawares.'
(Ibid. p484)

It must be obvious that he doesn't realise that it could be a highly dangerous
spell at this
point.
</quote>

Harry is obviously trying to find out what Malfoy is doing, which I don't think necessarily 
falls into the category of 'stalking'.

Let's just look at canon again:

'And Harry realised, with a shock so huge it seemed to root him to the spot, that Malfoy 
was crying - actually crying - tears streaming down his pale face into the grimy basin.'
(HBP "Sectumsempra" p.488 UK edition)

Aggressive?

'Malfoy wheeled round, drawing his wand. Instinctively, Harry pulled out his own. Malfoy's 
hex missed Harry by inches, shattering the lamp on the wall beside him...' 
(ibid.)

And what would that hex have done to Harry had it landed?

Aggressive?

Who was the first person who moved from defence into a real attack?

'Harry slipped over as Malfoy, his face contorted, cried "Cruci -"'
(ibid.)

No, neither of the guys emerged from this encounter covered in glory but it was certainly 
Draco who upped the stakes and started to turn the exchange into a major disaster.

And I speak as someone who has expressed a sneaking sympathy towards Mr.Malfoy on 
occasions...