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Thread: Avada Kedavra punishment

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  1. #1
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    Avada Kedavra punishment

    I've tried looking through the reference desk manually but can't see this being asked- sorry if it has been.

    Mad-Eye/ Barty Crouch Jnr says in GoF that it is highly likely that someone could cast the Avada Kedavra curse and not actually kill the person in question. So if this was done, then do you think the caster would still get a life imprisonment in Azkaban for attempting it but not being magically powerful/ not hating the person enough to do it?

    If not what sort of sentence would they get?
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    Well, as the Avada Kedavra, the Crucatious curse, and the Imperious (please excuse my spelling) are unforgivable curses, I assume using them would mean life imprisonment. Why don't you go back to GOF and ready the chapter when Moody/Crouch is teaching the class about them and see if he mentions anything about prison sentences because I assume he would. I think the fact they are Dark Magic as well would mean they would probably mean life imprisonment if caught using them.

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    Recently Read GOF

    I recently read GOF and I think that Moody/Crouch said it was Life imprisonment. but when he said Dombledor (exude my spelling) was going to have him put the Imperious Curse on all of them Hermione ask if that was illegal and Moody/Crouch's response was something like well if you what to have it thrust upon you by a dark wizard by all means leave. So, it never really say though and J. K. Rowling never specifies so, I'm assuming Dombledor would not get imprisoned if the ministry found out he's Dombledor. Yet curse i think if it was a child's mistake and they had no idea what they were saying hay would get away with a warning. In my opinion.

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    The Lexicon says:

    Unforgivable Curses

    Three curses in particular are known as Unforgivable because using them on another human being can result in a life term in Azkaban.

    The important words (for me anyway) are can and life. Can is not will, so there is obviously a possibility for a lesser sentence. Life (in the UK, anyway) does not always mean life (as the Daily Mail never tires of reminding us). The sentence is often actually between 15 and 25 years. Whole life tariffs are given to child murderers, premeditated murderers, abduction murderers, religious or idealogical murderers. I think you have a lot of leeway, depending on how closely you want to mimic UK laws.

    If course, it's possible that the wizarding world hasn't moved on from Anglo-Saxon, British and Norse laws so maybe Weregild is an accepted. Killing a churl would cost you 200 shillings, a nobleman was worth 1200, an archbishop was valued at 15000. The weregild for a Welshman was 110 if he owned at least one hide of land, and 80 if he was landless. This is probably a bad idea, but it might explain how Lucius manages to stay out of jail.

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    I think there are certain situations in which the unforgivable is actually forgivable and/or allowed by law because it's needed. I seem to remember something about Crouch Sr. giving Aurors permission to use Unforgivables against Death Eaters after the first war. I don't know if Moody's way of teaching the Unforgivables is actually okay, but then Hogwarts is a highly idiosyncratic school and practice does make perfect. It really is a good idea to try and get people to learn how to resist; it's just too bad the Ministry workers didn't get such practice in. The takeover of the Ministry in August 1998 was accomplished mainly with a kidnapping and a lot of Imperiusing.

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    Well, I don't know how they would prove an attempted Avada Kadevra, so I think if they attempted but it didn't work, they could get away with it...because they could just be like, oh, I socked him in the nose.
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    And keep in mind, these are just the laws in Britain. There could be countries where law enforcement are allowed to use the Cruciatus Curse in obtaining criminals. Some countries might even emply the Killing Curse as form of the death penalty. To me, it almost seems kinder than the Dementor's Kiss.

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    Quote Originally Posted by OliveOil_Med View Post
    And keep in mind, these are just the laws in Britain. There could be countries where law enforcement are allowed to use the Cruciatus Curse in obtaining criminals. Some countries might even emply the Killing Curse as form of the death penalty. To me, it almost seems kinder than the Dementor's Kiss.
    Of course killing someone else tears your own soul, so if that is common or relatively common knowledge, I'm not sure if they would execute people.
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    Originally Posted by AidaLuthien
    Of course killing someone else tears your own soul, so if that is common or relatively common knowledge, I'm not sure if they would execute people.
    I agree to this to a certain extent. Killing is wrong, there's no way around it. But when you have someone (say like a death eater) who goes around and tortures and/or kills (most of the time both) women, children, men who can not defend themselves, do you think they honestly need to get a nice treatment? Do you have any sympathy for them it all? It isn't like they don't know what they are doing and it's not like they don't understand that it's wrong. And despite the fact that killing is wrong, people like that have got to go. You can't just go around torturing/killing people. The whole reason that there is law is to keep the public safe.


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    Quote Originally Posted by eyeofthetiger View Post
    I agree to this to a certain extent. Killing is wrong, there's no way around it. But when you have someone (say like a death eater) who goes around and tortures and/or kills (most of the time both) women, children, men who can not defend themselves, do you think they honestly need to get a nice treatment? Do you have any sympathy for them it all? It isn't like they don't know what they are doing and it's not like they don't understand that it's wrong. And despite the fact that killing is wrong, people like that have got to go. You can't just go around torturing/killing people. The whole reason that there is law is to keep the public safe.
    It's not so much whether they Deserve to be executed or not, as much as the fact that one of the ways that magic works is that if you kill someone you get your own soul torn. This is not a good thing and is quite bad for the person doing the killing.

    So if it is common knowledge that killing someone tears the murderer/executioner/whatever's soul, then it seems unlikely that any country would utilize capital punishment because the cost to the executioner would be too high. Who would agree to be an executioner if they knew their own soul was going to be torn?

    Back to the question at hand.

    Sirius was convicted of murder not of attempting the Avada Kedavara curse but failing. It is possible that attempted murder, even by use of an Unforgivable, does not carry as stiff a punishment as actually killing someone - regardless of method.
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