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United States v. Jackson

(1977)

United States Court of Appeals for the Second Circuit - 560 F.2d 112

tl;dr:

Attempt requires a substantial step toward committing a crime and specific intent to commit the crime.

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ICRAIssue, Conclusion, Rule, Analysis for United States v. Jackson

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Facts & HoldingUnited States v. Jackson case brief facts & holding

Facts:Three men were planning to rob a bank. They were...

Holding:The conviction was proper because the defendant had a specific...

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United States v. Jackson | Case Brief DeepDive
Majority opinion, author: FREDERICK van PELT BRYAN, Senior District Judge:
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The Court of Appeals for the Second Circuit affirmed the convictions of the appellants for attempted bank robbery and possession of unregistered sawed-off shotguns. The court rejected the appellants' argument that attempted bank robbery requires the use of force, violence, or intimidation. The court applied the Model Penal Code's substantial step requirement to distinguish between preparation and attempt, finding that the appellants had taken substantial steps towards the commission of the crime. The court also held that past reliability is not necessary when the informant is a participant in the crime being investigated. The appellant's argument that he was wrongly convicted on count 4 was also rejected, as his conviction can be upheld under the Pinkerton theory.

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United States v. Jackson

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