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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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babycat
16:00
@shaquilleoatmeal: I’ll stop by just for you. I gotta grind out some of my last essays tn.
shaquilleoatmeal
16:02
@soyalmondoatmilk: im weak af, can't handle that spicy cashew lmao
shaquilleoatmeal
16:03
@babycat: 😘 see you in a bit, grind out those essays before you hop back on
shaquilleoatmeal
16:04
appreciate the non wink since you didn't appreciate it them then lol
babycat
16:06
I'll do it for you ;)
16:06
Tough to justify attending a law school where the admissions office does epic resistance political commentary at the info session
BulbasaurNoLikeCardio
16:07
making me feel jealous here wow, I am about to go taste test a bunch of deserts for our baby shower this weekend.
BulbasaurNoLikeCardio
16:07
@milktoast: what school got political at an info session?
shaquilleoatmeal
16:11
nothin to be jealous about, i've been trying to slide into babycats dms but shes got a long line I guess I gotta wait in to see if I can get in lmao
babycat
16:11
omg if you get into ASU they give you travel expense reimbursement to go there for a visit. does anyone know which other schools do this? I'd love to get a comped vacation
shaquilleoatmeal
16:12
think BU gives you $300 or somethin
ClassyPleasantHeron
16:12
Where is ASU getting this kind of $$$ from? They waive CAS fees too.
babycat
16:13
@shaquilleoatmeal: yeah but then you have to go to Boston :(
shaquilleoatmeal
16:14
uva too
shaquilleoatmeal
16:14
whats wrong w boston ;(
GOT PROMOTED YAY how do i tell law schools abt this?
like do i type up and separate doc and send as an attachment? how much do i write?
shaquilleoatmeal
16:15
@jackfrost11770: LFGGGG
TYYYYYY
shaquilleoatmeal
16:16
do any of your schools have updated sections in the portal? If so, i'd upload there, if not email. Small paragraph should do it id think
1a2b3c4d26z
16:16
Who wanna play some operation metro later on
1a2b3c4d26z
16:16
Congrats jack!
thank you!!
babycat
16:16
@jackfrost11770: personally I would submit an updated resume reflecting the new position instead of a paragraph but idk what SOP is
getting a bacon egg and cheese in celebration
1a2b3c4d26z
16:18
lfg baby you earned that
babycat
16:20
also congrats!! big win
initiallaw
16:23
congrats!!
:D
the big W is that i get reimbursed for travel now thank GOD
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