By statute, many states consider a killing in which there is torture, movement of the person before the killing kidnapping or the death of a police officer or prison guard, or it was as an incident to another crime as during a hold up or rape, to be first degree murder, with or without premeditation and with malice presumed. Second degree murder is such a killing without premeditation, as in the heat of passion or in a sudden quarrel or fight. Malice in second degree murder may be implied from a death due to the reckless lack of concern for the life of others such as firing a gun into a crowd or bashing someone with any deadly weapon. Depending on the circumstances and state laws, murder in the first or second degree may be chargeable to a person who did not actually kill, but was involved in a crime with a partner who actually did the killing or someone died as the result of the crime. Example: In a liquor store stick up in which the clerk shoots back at the hold up man and kills a bystander, the armed robber can be convicted of at least second degree murder. A charge of murder requires that the victim must die within a year of the attack. Death of an unborn child who is "quick" fetus is moving can be murder, provided there was premeditation, malice and no legal authority. Thus, abortion is not murder under the law. Example: Jack Violent shoots his pregnant girlfriend, killing the fetus. Manslaughter, both voluntary and involuntary, lacks the element of malice aforethought. Regulations issued by the Executive Office of the President EOP and Presidential documents such as executive orders and proclamations are published in the Federal Register and in Title 3 of the Code of Federal Regulations.
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KF132 . A47. Restatements of the Law organize the common law of the United States in a distinctive format that includes the text of legal provisions, official commentary, illustrations, and notes. They are written by the American Law Institute ALI, which is a legal organization composed of noted professors, judges, and lawyers. Restatements are divided broadly into chapters and subdivided into titles and then into sections. Each section begins with a restatement of the law, followed by hypothetical illustrations. Restatements often influence court decisions but are not binding on the courts in and of themselves. ALI has completed Restatements in over fifteen subject areas. The following are selected examples of Restatements of the Law: Legal directories are locators for legal and government information. A variety of resources provide information about attorneys, law firms, legal experts, professors, government officers, corporate legal departments, legal aid organizations, and elected officials. For example, the Federal Regulatory Directory is a comprehensive guide to federal regulatory agencies.