Criminal Law

Brief

United States v. Jackson

Procedural History:

• Convicted at the lower court level.
• Appealed counts 2 and 3.
• Affirmed.

Facts:

• June 11, 1976 – Hodges recruited Allen to rob the Manufacturers Hanover branch and Allen agreed and proposed the date of June 14 and told her he had guns in his car.
• On June 14 Allen arrived with accomplices and weapons and they drove to the bank.
• Allen entered the bank to check out the surveillance.
• Scott also entered the bank and returned with news that the tellers were separating the weekend deposits and many patrons were still there and thus rescheduled the robbery for June 21.
• Hodges was arrested on June 18 for unrelated offenses and decided to cooperate with police.
• Informed the police of the plans and thus police had surveillance at the bank on June 21 when Allen and confederates arrived.
• After parking for 30 minutes the car began moving in the direction of the bank.
• At some point the car was overtaken by FBI agents and the defendants were arrested.
• There was evidence in the vehicle such as guns and ammunition and masks.

Issue:

• Were the actions of the defendants merely a preparation?

Holding:

• No. Affirmed.

Reasoning:

• The court used a two-tier inquiry.
  • First, the defendant must have been acting with the kind of culpability otherwise required for the commission of the crime which he is charged with attempting.
  • Second, the defendant must have engaged in conduct which constitutes a substantial step toward commission of the crime.
• The court felt the defendant did take substantial steps toward the commission of the crime.
• The fact that major steps must be taken before the crime can be completed does not preclude a finding that the steps already undertaken are substantial.
• The court concluded that a combination of the evidence as well as their conduct at the potential robbery location was a substantial step.