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  1. #1
    MorganRay
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    Lawyers

    Do you think wizards have the equivalent to lawyers? Or a defense attorney? I'm thinking a person that's in the Wizengamot could possibly count as a lawyer. Do you think they would have interns that are training to become professionals in the department of magical law enforcement?

  2. #2
    bertiebott12
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    That's a really good question.

    I think that they would have to have some form of a lawyer. I don't think that it wouldn't be fair in any modern society to not have a defense attorney in a court case, and surely someone would have thought of that in the wizarding world. The only court case that we see in the books is Harry's underage magic in the fifth book. There, Dumbledore was his main defense. I would say that, if no one directly comes to defend the person, then a "lawyer" from the Ministry would be selected to defend them. Nice topic.

    Claire

  3. #3
    Inverarity
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    I am pretty sure there was a thread on this subject previously. Hmm. This one, maybe.

    Anyway, as mentioned, the only "lawyer" Harry got was Dumbledore speaking as an advocate, and that only because Dumbledore managed to show up when they didn't expect him to.

    Given that Hagrid and Sirius, among others, were thrown in Azkaban without a trial, it doesn't seem that the wizarding world has much in the way of due process. Of course Rowling said that the Ministry was corrupt even before Voldemort took over, so possibly in the post-Voldemort world, they do reform the laws and have a need for lawyers.

  4. #4
    bertiebott12
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    Inverarity is correct in saying that the court/lawyer system wasn't entirely fair. So, I think that there would be lawyers that did appear in some cases, but that the trial system was not very specific, if that makes sense.

  5. #5
    Wizengamot Ravenclaw
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    Well, it could also have been possible that Harry never had representation because Fudge tried to get his trial in under the table. Also, as a kid, Harry may not have been very informed of his rights and didn't know whether or not he had the right to a lawyer or any other kind of legal representation. Add in a corrupt Ministry, the whole thing was a shame.

    It may indeed be possible there are lawyers, but they may not be thought of in the same offical sense that we see lawyers. Instead, there may be people who spend they're lives studying the law of Magical courts and are then hired as advocates. I'm not a hundred percent sure that the system is the same as ours, though. They really don't seem to have judges or juries in their court system.

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  6. #6
    bellaoc
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    Of course Rowling said that the Ministry was corrupt even before Voldemort took over, so possibly in the post-Voldemort world, they do reform the laws and have a need for lawyers.
    Yeah I think that in Harry's time before the battle there wasn't much to the judicial system, at least not the way we have it. I think that people who have money (like the Malfoys) would be able to get a fairer trial, or at least an expedited one.
    But I agree, I think that in the post-voldemort world, they would reform the laws. Harry especially would feel the need for reformed laws, as he was tried unfairly by the Wizenagamot.

    --Bella

  7. #7
    Rhi for HP
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    Quote Originally Posted by Inverarity
    Given that Hagrid and Sirius, among others, were thrown in Azkaban without a trial, it doesn't seem that the wizarding world has much in the way of due process.
    Well, when Sirius in GoF tells the Trio how he was thrown in prison without a trial they are shocked--such practice is clearly out of the norm. Sirius was also handled this way during wartime-- many "civilized" countries have the practice of suspending certain liberties during times of crisis, such as war. In America during the Civil War President Lincoln, often regarded as the greatest president (he's certainly my favorite) suspended, among other things, habeus corpus, which is basically what happened to Sirius. It may not be fair but it's not some barbaric practice exclusive to the Ministry (and they were reticent to use it-- only power-crazy Crouch went that far), and sometimes it's necessary to win the war. As to Hagrid, what I've always seen as happening is Fudge wants to look as if he's solving the problem, so he procures a warrant for arrest, which wouldn't be so hard as Hagrid has previously been convicted during a string of similar attacks. Perhaps Hagrid did have a small trial and it was concluded that until further information came to light he would be contained in Azkaban, lest he be dangerous. Or maybe he was held without trial because he was deemed potentially dangerous-- what judge wants to deliver sentence when the defendant could paralyze them?

    As far as lawyers, I think the Wizarding world definitely has them, and the fact that Harry did not for his hearing is because either Harry was not aware of his rights and Fudge wasn't in the mood to enlighten him, or else because Dumbledore was orchestrating from on high and planned to speak in his defense, making the arrangement for a lawyer unnecessary.

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