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Simple English definitions for legal terms

Blockburger test

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A quick definition of Blockburger test:

The Blockburger test is a way to determine if a person can be punished for two different crimes or charged again for the same incident. It compares the elements of two charges to see if each charge has at least one element that the other does not. This test is also known as the same-elements test or actual-evidence test. It is important to note that this test looks at the elements of the charges, not the facts of the incident.

A more thorough explanation:

The Blockburger test is a legal test used in criminal law to determine whether a defendant can be punished separately for convictions on two charges or prosecuted later on a different charge after being convicted or acquitted on a charge involving the same incident.

The test compares two charges to see if each contains at least one element that the other does not. This is done to ensure that a defendant is not punished twice for the same offense, which is prohibited by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.

For example, if a defendant is charged with both assault and battery, the Blockburger test would be used to determine whether the defendant can be punished for both offenses. If assault and battery have different elements, such as assault requiring an attempt to cause bodily harm and battery requiring actual bodily harm, then the defendant can be punished for both offenses. However, if the elements of assault and battery are the same, then the defendant can only be punished for one of the offenses.

The Blockburger test was established in the case of Blockburger v. U.S. in 1932 and is also known as the same-elements test or actual-evidence test.

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General

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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