Discuss whether both defenses will be successful

One night in the honky-tonk bar, the Ho-Ho club, Mary was feeling good after drinking eight straight shots of Tequila. She was flirting with Bob when Bob's wife Nancy approached. Everyone in town knew Nancy had a reputation for having a short fuse and a violent temper. When Nancy approached Mary to tell her to get away from Bob, Mary, fearing the worst from Nancy, took out a pocket knife and stabbed Nancy in the leg. Nancy became enraged and lunged after Mary and started to beat Mary's head into the hard concrete floor. Bob, fearing for Mary's life, pulled Nancy by the hair to get her off of Mary. Nancy turned and slapped Bob just as Mary pulled out a revolver and shot Nancy in the back, paralyzing her from the waist down. Mary is being tried for attempted murder and Bob is being tried with aggravated assault for pulling Nancy by the hair. Mary claims self defense and Bob claims defense of another when he was trying to defend Mary from Nancy.
What will be an ideal response?


ANSWER: Answers may vary: Mary is the initial aggressor and, as such, can only claim imperfect self defense for the initial stab in the leg and most definitely for the shot in Nancy's back. The analysis of whether Bob can successfully claim defense of another will be whether Bob, standing in Mary's shoes, could use a reasonable amount of force in self defense.

Criminal Justice

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