DD and Draco's murder attempts WAS: Draco and Harry

[pippin_999]

No: HPFGUIDX 153440

> > >>Pippin:
> > Dumbledore may have been morally certain that Draco was behind the
> > attacks, but the moment the authorities start substituting moral   
> > certainty for evidence is the moment the Crouch Srs take over. 
> 
> Betsy Hp:
> I do agree with this.  Draco shouldn't be thrown into Azkaban 
> without a fair trial (and at the time of Katie Bell I don't think 
> there was any evidence, aside from Snape's testimony, that Draco was 
> involved).  However, Dumbledore has made it clear that he is no 
> longer operating within the law.  Dumbledore knows Draco's actions 
> led to Katie and Ron nearly dying.  The students (and the staff for 
> that matter) are no longer safe, and Dumbledore *knows* exactly who 
> is the cause of the danger.  (He trusts Snape.)

> 
> What Dumbledore could have done was pro-actively take Draco and 
> Narcissa into the Order's custody.  This would have been the best 
> move to ensure the safety of his school.  I'm not sure that it would 
> have been the best move for the Order, in that I think Draco would 
> have been lost to them if he'd been interfered with that early.  
> Plus, Snape may have died (that pesky Vow <g>).

Pippin:
::boggles:: You want the Order to set up its own little relocation camp?
Oh dear. I think JKR dealt rather extensively with the problems of 'protective
custody' in OOP, but if that's not enough for you, there's a link to Amnesty
International on JKR's website, and there you will find article 9 of the
Universal Declaration of Human Rights:

No one shall be subjected to arbitrary arrest, detention or exile. 

http://web.amnesty.org/pages/aboutai-udhr-eng


There are rules like this  because people like JKR think they're 
a good idea. I would be very surprised if Dumbledore didn't think 
so too. 

Trusting Snape would be arbitrary, because though Dumbledore
trusts Snape to be honest with him, he does *not* trust Snape
to interpret  evidence correctly. Surely I don't need to cite
canon for this? 

I wonder how 'protective' the Order's custody would be. Do
you think they'd have treated unrepentant Draco and Narcissa
with kindness and respect? They couldn't even manage it with 
Sirius, and he was on their side and imprisoned voluntarily!

As for Kreacher, with all the restrictions Sirius put on him he 
was still capable of sabotage. I shudder to think what Draco 
and Narcissa would be able to do --or do you suggest that 
Dumbledore station a few dementors around them so that 
they can't use their powers.

Even as a practical matter, putting Draco in custody wouldn't have
protected the students. It was Dumbledore's location, not Draco's,
that made Hogwarts a target. Draco could have continued his 
mission, or rather his feeble but dangerous attempts at it,  
from anywhere. 


Pippin