Legal Definitions - last-proximate-act test

The last-proximate-act test is a historical legal standard once used in criminal law to determine if a person had committed the crime of attempt. This test focused on whether the defendant had performed the absolute final action necessary to complete the intended offense. In essence, it required the individual to have taken the very last step before the crime's successful completion. Because of its strictness, most modern courts have largely rejected this test, finding it too lenient towards defendants who have clearly demonstrated an intent to commit a crime and taken substantial steps towards it.

• Example 1: Burglary

  Imagine a person who intends to steal valuables from a house. They successfully pick the lock on the front door, turn the doorknob, and push the door open slightly. However, before they can step inside, a security alarm blares, and they flee. Under the last-proximate-act test, this individual might not be found guilty of attempted burglary. While they performed many actions indicating intent and were on the verge of entering, the "last proximate act" might be considered stepping across the threshold, which they did not complete.

• Example 2: Poisoning

  Consider a scenario where an individual plans to poison someone. They acquire a lethal substance, mix it into a drink, and place the drink on a tray next to the intended victim. However, before the victim can pick up or consume the drink, a third party notices the suspicious beverage and intervenes. Applying the last-proximate-act test, it would be difficult to convict the person of attempted poisoning. Despite all the preparations and the immediate danger, the "last proximate act" of the victim actually ingesting the poison had not occurred.

• Example 3: Vandalism

  Suppose a person intends to deface a public monument with spray paint. They purchase the paint, approach the monument, shake the can, remove the cap, and point the nozzle directly at the stone surface. Just as they are about to press the button to release the paint, a police officer spots them and makes an arrest. Under the last-proximate-act test, this person might not be found guilty of attempted vandalism because they had not yet performed the "last proximate act" of actually spraying the paint onto the monument.