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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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RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
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