As the prosecutor, I would charge Michelle and Cheryl with two crimes: conspiracy to commit robbery and attempted robbery.

• Conspiracy to commit robbery is a crime in most jurisdictions. It occurs when two or more people agree to commit a robbery, even if they do not actually carry out the robbery. In this case, Michelle and Cheryl agreed to rob Capital One Bank, so they can be charged with conspiracy to commit robbery.
• Attempted robbery is also a crime in most jurisdictions. It occurs when someone takes a substantial step towards committing a robbery, but the robbery is not completed. In this case, Michelle and Cheryl purchased a gun and ski mask, and they went to get their nails done before the robbery was to take place. These actions can be considered substantial steps towards committing the robbery, so they can be charged with attempted robbery.

The bartender’s actions are not relevant to the charges against Michelle and Cheryl. The bartender did not participate in the robbery, and they did not have any knowledge of the robbery before it was stopped. Therefore, the bartender cannot be charged with any crime.

Michelle and Cheryl’s actions do constitute the crime of attempt. An attempt occurs when someone takes a substantial step towards committing a crime, but the crime is not completed. In this case, Michelle and Cheryl purchased a gun and ski mask, and they went to get their nails done before the robbery was to take place. These actions can be considered substantial steps towards committing the robbery, so they can be charged with attempted robbery.

The legal reasoning to support this conclusion is as follows:

• The Model Penal Code (MPC) defines an attempt as “conduct which is a substantial step in a course of conduct planned to culminate in the commission of a crime.” The MPC also provides a list of factors that courts should consider in determining whether a particular act constitutes a substantial step towards committing a crime. These factors include the nature of the crime, the proximity of the act to the completion of the crime, and the defendant’s intent.
• In this case, Michelle and Cheryl’s actions meet all of the factors listed in the MPC. The crime they were planning to commit was robbery, which is a serious crime. The purchase of the gun and ski mask was a significant step towards completing the robbery. And Michelle and Cheryl’s intent was clear: they were planning to rob Capital One Bank.
• Therefore, Michelle and Cheryl’s actions can be considered a substantial step towards committing the crime of robbery, and they can be charged with attempted robbery.