![]() ![]() However, it is relevant that Harry was under pressure from imminent attack. The entire legal case against Harry would hang on whether or not a jury or the Wizengamot accepted Harry's affirmative defense that Sectumsempra was a reasonable amount of force against Draco. The unlawful assault, and the attempted use of an Unforgiveable Curse. We can all agree that Draco was committing a wizard felony against Harry two of them, in fact. Self-defense in English law is using reasonable force against an unjust threat. Self-defense is a little bit trickier in England and Wales.Regardless of one's own individual opinion re: the ethics of self-defense, which may vary, the law is of only one opinion on the matter, and it is the law we are analyzing here. He is under no legal requirement to deliberately restrain himself to nonlethal attacks even if they are available, anymore than a man defending himself with a gun is required to try shooting for his attacker's legs as opposed to his head or chest. And under those provisions Harry's actions are entirely justified - he is in immediate danger from an attack intended to cause death or grievous bodily harm, therefore he may legally use any amount of force up to and including potentially lethal attacks to subdue his attacker. While this requires us to speculate about what exactly the law is, since we already know British magical law has at least some kind of provision for self-defense then using the self-defense standard of the Common Law (as well as most jurisdictions in the Western world) is the most reasonable speculation we can make. Remember that this is a discussion of whether or not Harry is guilty of manslaughter/attempted manslaughter - i.e., whether or not Harry's actions, under the law, qualify as a crime. ![]() A) How is he supposed to prove Draco was trying that? B) Even if he somehow does, how does it justify using a lethal spell when he could've just as easily used a non-lethal one?.Under the law, Harry's actions would be self-defense. Draco was trying to cast an Unforgivable curse on Harry at the time Harry hexed him.Of course, in that case the story would be over. And what punishment did he receive? Detention! I think he really got away with that one, because for such a felony he should have been suspended from school at least and also faced some repercussions from the Ministry. Sure, Harry didn't know what sort of spell he had cast, but still: if Draco died as a result Harry would have been guilty of manslaughter. Harry used a curse on a fellow student that could have killed him if it wasn't for the intervention of Professor Snape. ![]()
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