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created some confusion [in the district courts] about the elements of attempted manslaughter...." (194) Some courts read Taylor as meaning that, consistent with the AWIC cases, "intent to kill is an element of attempted manslaughter 'because no person can attempt to cause an unintentional death."' (195) Other district courts disagreed, reading Taylor as having held that intent-to-kill was not an element of attempted-act-manslaughter.
When the Court notes that, with an aggravated assault, there is an intent to commit the act, the Court is presumably referring to the AWIC version of aggravated assault.
The AWIC offense is currently codified as a form of aggravated assault..
3d at 27, also conflicts with the AWIC cases, which consistently held that intent-to-kill is an element of AWIC-manslaughter.
The author assumes that the reasons why the AWIC offense is rarely charged any more is that (1) it is easier to prove an attempt offense than it is to prove an AWIC offense (because the State need only prove any overt act, and not the precise overt act of an assault), and (2) the maximum penalty for an attempt offense is now generally higher than the maximum sentence for an AWIC offense.
(12) Brown also conflicts with Knight, el al., which adopted the attempt logic with regard to the Florida offense of assault-with-intent-to-commit-a-felony ("AWIC").
The AWIC offense is quite similar to the attempt offense.
But with second-degree murder (and manslaughter) in Florida, they are not; intent-to-kill is an element of the AWIC offense but not of the attempt offense.
The main problem with rejecting the attempt logic for attempted (and AWIC) homicide offenses is that there is no principled way to determine what acts that would-have-but-did-not-cause-death prove the attempt offense.
THE AWIC CASES: THE FULL ADOPTION OF THE ATTEMPT LOGIC
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