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  1. #1
    tapper1 Guest

    Default Manslaughter or Conspiracy

    My question involves criminal law for the state of: South Dakota.
    I am trying to find the name of the crime in the following hypothetical case. Please tell me what crime(s) have been committed.

    Let's assume that some adult conspirators want to hatch a plan to get a homeowner charged with manslaughter. The adults find a handy juvenile delinquent who can be browbeat into doing an auto theft and vandalism by threatening to have them charged with additional crimes that the adults have knowledge of, or simply bribe the juvenile with cash.
    It is not the goal of the adults to get the juvenile killed, but it will be the natural and inevitable result when the scenario plays out. The juvenile is not expecting to be killed, and knowing nothing about the complete plan, agrees to go along with it.
    The juvenile is offered a car to “steal”, and ordered to drive the car in a violent and destructive manner up a homeowners driveway, and onto the homeowners lawn, turning cookies on the lawn and tearing up the sod. It is night, and the homeowner cannot see who is in the car, and in attempting to apprehend what he thinks might be a car full of men, is blinded by the headlights. The juvenile driver, now terrified, attempts to run down the homeowner with their car. The homeowner unloads a round of double ought buckshot through the drivers side windshield. The juvenile is killed.

    What is the exact name of the crime the adults have committed. They were nowhere near the killing when it took place, but certainly they have committed some kind of crime.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Manslaughter or Conspiracy

    Google the following terms:

    "Misdemeanor Manslaughter"

    and

    "Felony Murder"

  3. #3
    tapper1 Guest

    Default Re: Manslaughter or Conspiracy

    Flying Ron, Thank you for the response. That is exactly what I had hoped to hear.

    To flesh out the above "hypothetical case", about 70% of the above scenario actually took place. As the home owner was just about to hang up on a 911 call to the deputy on duty that night saying: "If I don't call back in 5 minutes, I want you to get out here", the driver finished his cookies, and started to head back out the driveway. One more cookie, and the home owners call would have been complete, and he would have been out the door with his 12 gauge.

    I also want to mention that as the car was being driven so violently, that it shed 5 (five) car parts on the lawn and driveway. They were parts of the rocker panels and trim.

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