Attempt

Elements:

• 1. Intent to do an act or cause a result
• 2. An act that goes beyond mere preparation
• Two tests for beyond "mere prepration":
• 1. "Substantial step" endorsed by MPC.
• 2. More defense friendly: "last proximate act"
• Old common law, not guilty till last moment, so no need to allow renunciation
  

United States v. Jackson

• The court affirmed defendants' convictions and held that the trial judge properly found defendants had taken substantial steps toward the furtherance of their plan to commit armed robbery when they reconnoitered the bank two separate times while in possession of the necessary paraphernalia to commit the crime.
• Argued "mere preparation" and not attempt.