Draco as Victim in GoF - Monsters and Demons, Oh My!

[Steve]

No: HPFGUIDX 150267

--- In HPforGrownups at yahoogroups.com, "horridporrid03"
<horridporrid03 at ...> wrote:
>
> > >>Amiable Dorsai: 
> > In the opening days of a shooting war, with fresh blood on the      
> > ground, Draco invaded the Trio's compartment with a couple of 
> > bully boys and started issuing death threats.
> > "Victims"?
> 
> Betsy Hp:
> Legally? You bet. At least, here in the United States. Words don't
> count.  And, considering the fact Crabbe and Goyle didn't say 
> anything, you're going to be hard pressed to convince me they 
> deserved to be hit so hard with magic hexes they were knocked out.
> 
> Betsy Hp
>

bboyminn:

I'm not sure whether I want to step into this can of worms or not,
but, I guess, here I am.

Words DO COUNT. If you are familiar with the concept of 'Assault and
Battery', then you know that the minute you feel threatened, the
minute you feel endangered, Assault has occurred even if no physical
contact is made. When a threatening person makes physical contact,
even if it causes no harm or does not fall into the realm of physical
assault (punches, etc...), they have committed Battery.

If it comes to exchanging punches, then the provoking, threatening
person has committed a /higher/ degree of assault.

Recently, we had discussions here about 'blackmail' and 'extortion',
mostly, and most recently, regarding Hermione's actions toward Rita
Skeeter. Yet, those we just words. When a schoolyard bully says, give
me your lunch money OR ELSE, that is extortion; eliciting monetary
payment under threat of violence. Just words, yet it is still illegal,
even if no violence accually occurred.

The same with blackmail. Just words, yet illegal.

Now, I assume this conversation started with a reference to the gang
of Gryffindors attacking Draco on the train ride home after Cedric's
death. 

First, note that each Gryffindor acted independently. They did not
/conspire/ to ALL attack Draco all at once. None of them knew the
others were about to act. Individually, they can't be held responsible
for the combine effect of spells they had no way of knowing would be cast.

Second, look at the nature of the spells they cast. These were all
schoolyard harassment spells. None of them were intended to do any
real or lasting damage, despite the fact that everyone there could
certainly have choosen far more damaging spells.

Further note, that no physical harm or damage was done. Once the
counter charms were applied off-page, Draco and his friends were fine.
Given that Draco has made a joke (of sorts) out of the death of one
person, and threatened the life of another, their response, while it
may have been emotionally provoked, was reasonably restrained.

'Reasonable restraint' being a concept related to self-defense. You
can do whatever is necessary to stop an attack, but no more. If you go
beyond what is necessary to stop the attack, then you too become
quilty of assault. This isn't related to this discussion of Draco.
It's more tangental, but real none the less.

So, words do count, and even non-words count. If a person who doesn't
speak, but engages in threatening and intimidating behavior (Grabbe &
Goyle), then again, if you feel the threat is real, then it is real.
Again, somewhat tangental, but still related.

As readers and as writers in this group, we all sometimes inflame our
statements to make a point. But we should try to be aware of the point
that is being made, and not run off on the inflamed aspect of it.
Further, those making inflamed points should be aware of the fine line
between inflamed to a point, and just plain inflame.

Arguements have been made here that attempted to show that Fred and
George are monsters. That Hermione is practically a crime lord. That
Harry is a nasty rule-breaking little boy who should be locked up for
his horrible crimes. Those are not enflamed to a point, they are just
plain (hysterically in my opinion) enflamed.

It's all about perspective and maintaining it. 

Pardon my rant.

Steve/bboyminn