U.S. v. Jackson, 560 F.2d 112 (2d Cir. 1977)

  • Facts: ∆ Jackson was the getaway driver in a planned bank robbery. The crew had cased the bank, recruited members, and arrived at the scene on the planned date with weapons. Detecting FBI surveillance, they aborted before entering. The FBI followed and arrested them.
  • Issue: Whether aborting a bank robbery upon detecting law enforcement—without entering the bank or brandishing weapons—still constitutes attempt.
  • Rule: Under MPC § 5.01, ∆ commits attempt by taking a substantial step strongly corroborative of criminal purpose. The "last proximate act" is sufficient but not required.
  • Analysis: ∆s' extensive planning, arrival at the scene with the means, and immediate readiness to commit the crime were a substantial step. Police should not have to wait until "innocent bystanders are imperiled."
  • Judgment: Convictions affirmed.

Reading: pp. 269–75. Federal/MPC standard punishes attempt earlier than CL. See Ch. 6—Attempt.