The Illustrated Guide to Criminal Law
Chapter 9: At Least You Tried
Page 17: Attempt is Intentional
Note that this continuum is only measuring the actus reus. That’s because for ALL attempts, the necessary mens rea is the same:
INTENT.
Average Joe as a noir detective
AVERAGE JOE
That’s pretty obvious, if you think about it.
“Attempt” sort of means “trying,” doesn’t it?
And if it’s not intentional, you’re not trying!
Now the closer the line is drawn to the “idea” end of the spectrum, the more likely it is to cause some unfair results.