Harry Potter
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Harry Potter In your opinion, does the use of any Unforgivable, how ever many times, warrant a life sentence in Azkaban?
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No
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In the new Azkaban, yes
(added by Flickerflame)
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Yes
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It depends on the reason the curse was used
(added by Kitcatcmp)
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Do you agree with this principle?
The primary problem I see with this is that a single-use of the Imperius Curse (the least bad of the three) would automatically entail a life sentence, which I'm not sure it warrants. Thoughts?
I don't think any single use deserves a lifetime exposure to Dementors. But I do think that murder, torture and removing someone's free will deserves imprisonment.
Also, do we know that it'd automatically earn life imprisonment, without any appeal or consideration of circumstances? I thought Moody/Crouch was possibly simplifying things there. The Aurors were allowed to use these curses during the first war, and Moody/Crouch used the Imperius Curse on students which implies that the real Moody would have done the same.
Completely agree, Flickerflame.
However, in regards to conduct that isn't excepted under those two provisions, I'm still not certain the Imperius Curse deserves a life sentence in prison. Imprisonment, of course, but for the entirety of one's life? Remember that relative to the other two curses, the victim's experience isn't too horrible if you put aside the element of duress- Harry describes it thus: "a floating sensation as every thought and worry in his head was wiped gently away, leaving nothing but a vague, untraceable happiness". It's effects are not long-term nor particularly traumatic.
Duress and manipulation of others is not in itself treated by the law as deserving of life imprisonment (unless you force the victim to commit murder and the like, which would make it a different case entirely. In the eyes of the law it is YOU who has committed the murder, akin to casting Avada Kedavra). Makes me think that in most circumstances, the Imperius Curse shouldn't result in this level of punishment, new Azkaban or not.
My point is that sentences should always be on a case-by-case basis.I think there would be many circumstances where an unlawful casting of it DOESN'T warrant life imprisonment (a sentence usually reserved for the worst of murderers, rapists, etc). That's why mandatory sentencing doesn't work, in the HP universe or in real life: every criminal case must be considered on a circumstantial basis.
NB: that's not to say there aren't situations where life imprisonment is deserving for perpetrators of the curse. Of course there are. Just that it can't be a blanket consequence for every offender.
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