Michelle needed money to pay her rent. She is behind 3 months in rent and fears being evicted. She decides to rob Capital One Bank. Michelle asks her roommate Cheryl to help her. They agree to split the money 60% Michelle and 40% for Cheryl. This was based on the fact that Cheryl was going to only purchase the items necessary to commit the crime, like the gun and ski mask, and agreed to be the lookout at the bank. Cheryl purchased a gun and ski mask early in the week. Midweek, she stopped into the local pub for a few drinks. She began telling the bartender about her plan to get money. The bartender said nothing. Later that week, before the robbery was to take place, Michelle and Cheryl went to get their nails done. While at the nail salon, they were arrested. As the prosecutor, with what crimes can you charge Michelle and Cheryl? Do their actions constitute the crime of attempt? Discuss why or why not. Use legal reasoning to support your response.
The Prosecution’s Case: Charged Crimes and the Question of Attempt
Title: The Prosecution’s Case: Charged Crimes and the Question of Attempt
Introduction: In the case of Michelle and Cheryl, who conspired to rob Capital One Bank, it is essential to determine the crimes they can be charged with. Moreover, we must analyze whether their actions constitute the crime of attempt. To establish a well-supported argument, this essay will explore the potential charges against Michelle and Cheryl and delve into the legal reasoning behind them.
I. Conspiracy: Michelle and Cheryl engaged in an agreement to commit a crime, namely robbing Capital One Bank. This act constitutes the crime of conspiracy, where two or more individuals plan to commit an offense together. Despite not having executed the robbery itself, the agreement itself is sufficient for a conspiracy charge.
II. Attempted Robbery: A. Michelle:
- Intent: Michelle’s intention to rob the bank is evident from her desperate financial situation and her involvement in planning the crime. Her actions demonstrate a clear desire to obtain money unlawfully.
- Substantial Step: Michelle’s participation in planning, making arrangements, and going to the nail salon, where they were arrested, can be deemed “substantial steps.” These steps indicate her intent to commit the robbery and bring her closer to its completion.
- Intent: Cheryl’s intention to commit the robbery can be inferred from her purchase of a gun and ski mask, as well as discussing her plan with the bartender at the local pub.
- Substantial Step: Cheryl’s purchase of the necessary items for the robbery, combined with her discussion about it with the bartender, indicates her intent to actively participate in the crime.