Discuss whether or not this defense will be successful

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Reference no: EM131931494

QUESTION

Mitch lost his job and decided to take up a life of crime, but last Saturday night was definitely not successful. He dressed in all black, including a ski mask and headed out around midnight, unarmed. First he broke into Sue's unlocked house and tiptoed to her bedroom, hoping to steal jewelry from her dresser.

Sue awoke, saw Mitch, grabbed her shotgun from the bedside, and began shooting at him. Several bullets grazed his leg but he managed to escape from the house alive. Next he saw an open window at Doug's house and climbed into the house, knowing that Doug had a valuable coin collection in his den. Doug heard noises in the den and yelled from the top of the steps that he would "kill" any intruder.

The minute Mitch heard this he ran, but Doug caught up with him as he was climbing through the window to escape, and began beating him with a tire iron on this head. Even after Mitch surrendered Doug continued to beat him for another minute, finally knocking him unconscious.

Mitch fell to the ground, where he awoke in a fog about 30 minutes later. Deciding that perhaps crime was not for him, he headed slowly for home, taking a short cut through a vacant house.

Much to his surprise his presence in the house triggered the release of poisonous gas bombs, which the Larry, the absentee owner, had rigged to prevent trespassers. Although the gas could have killed him, he managed to make it home and collapse. Sue, Doug, and Larry have all been charged with various crimes, including assault and battery, and each claims that they acted in self defense.

For each of Sue, Doug, and Larry, discuss whether or not this defense will be successful.

Reference no: EM131931494

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