context: At common law, where the charge was not for a completed offense, but for an attempt to commit it, only intention would suffice and mere recklessness was not enough. See Robinson, Element Analysis, 35 Stan.L.Rev. at 749-50. The relevant case law from other jurisdictions makes it clear that recklessness and negligence are incompatible with desire or intention. It is impossible to conceive of an attempt where a crime by definition may be committed recklessly or negligently but not intentionally.
citation_a.signal: but see
citation_a.parenthetical: "there is no logical or legal inconsistency involved in the recognition of attempted reckless manslaughter as a crime"
citation_a.sentence: But see People v. Thomas, 729 P.2d 972 (Colo.1986) (en banc) (“there is no logical or legal inconsistency involved in the recognition of attempted reckless manslaughter as a crime”).
citation_b.signal: see
citation_b.parenthetical: no such offense as attempted manslaughter because recklessness required for manslaughter
citation_b.sentence: See, e.g., Stennet v. State, 564 So.2d 95 (Ala.Crim.App.1990) (no such offense as attempted manslaughter because recklessness required for manslaughter); People v. Hernandez, 44 Colo.App. 161, 614 P.2d 900, 901 (1980) (offense of “attempted criminally negligent homicide” does not exist); State v. Hemmer, 3 Neb.App. 769, 531 N.W.2d 559, 564 (1995) (no such crime as attempted reckless assault); State v. Smith, 21 Or.App. 270, 534 P.2d 1180, 1183 (1975) (no such crime as attempted reckless murder); State v. Vigil, 842 P.2d 843, 848 (Utah 1992) (crime of attempted depraved indifferent homicide does not exist); see also Hull v. State, 553 S.W.2d 90, 94 (Tenn.Crim.App.1977) (no such crime as attempted involuntary manslaughter; “no such crime as would require proof that one intended a result that accidentally occurred”).