Sirius and jail

[Goddlefrood]

No: HPFGUIDX 167551

> Katmandu

> Dumbledore was a member of the Wizard court, why would he 
allow a man (sirius) to be sent to Azkaban without a trial?  
Just sent away. Did he know Sirius to be innocent?  Nobody 
bothered to use veriserum or legimancy (spelling?) to see what 
happened.

Goddlefrood;

First of all, it appears that all on this thread have forgotten 
that at the time Sirius was sent to Azkaban there were no 
proceedings of the Wizengamot. Barty Crouch Senior had assumed
emergency powers and one of those powers was the power to 
convict and sentence without due process.

Having lived under a state of emergency twice in the past 7 
years it is not an unusual power to be assumed when an emergency
arises. Whetehr or not it is justified is a different argument 
altogether, and one I will not get into here. Barty Senior also 
had authorised the use of Unforgiveables by Aurors during the 
latter parts of the first rise of Voldemort. I would anticipate 
that these poers were granted originally by Decree. A Decree is 
not normally required to be presented to a legislature to pass. 
It appears to have been the mechanism used in OotP also in 
respect of the Educational Decrees. The Wizengamot, as the 
legislative body need not have been  consulted at all in other 
words.

That would then, at least in this instance, lead to a conclusion
that Dumbledore was in no control at all over what happened to
Sirius and can bear no responsibility, except perhaps moral
responsibility because he did not press James and Lily hard 
enough to be their Secret Keeper. Barty Senior is to balme, he's
dead and his line has been snuffed. Punishment enough perhaps?

So, no trial :)

Dumbledore innocent of Sirius being in jail :)

Compare him to Uncle Morfy , that uncle of Tom Riddle's spent a 
good number of years in Azkaban for a crime he did not commit, 
but which he thought he had. Sirius certainly felt guilty, but 
he has probably atoned in his own way. He also was not required 
in the continuing story ark until PoA ;). He may appear in some
form again.

Oh, and btw there is an FAQ on her site in which JKR explains 
why Veritaserum would not have been used to determine guilt or 
otherwise, the relevant extract:

"Sirius might have volunteered to take the potion had he been 
given the chance, but he was never offered it. Mr. Crouch 
senior, power mad and increasingly unjust in the way he was 
treating suspects, threw him into Azkaban on the (admittedly 
rather convincing) testimony of many eyewitnesses. The sad fact 
is that even if Sirius had told the truth under the influence of 
the Potion, Mr. Crouch could still have insisted that he was 
using trickery to render himself immune to it."

Found here:

http://www.jkrowling.com/textonly/en/faq_view.cfm?id=105

That link does not alter the fact that there was no Wizengamot
proceeding, a summary proceeding with statements only and no 
opportunity of defence, not that Sirius himself tells us anywhere 
that he offered one, before Barty Senior alone appears implicit.

Perhaps this may assist ;)

Goddlefrood