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Simple English definitions for legal terms
same-conduct test
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A quick definition of same-conduct test:
Term: Same-Conduct Test
Definition: The same-conduct test is a way to determine if a later charge against a person is allowed under the Double Jeopardy Clause. This test looks at whether the new charge requires the state to prove the same actions that were already proven in a previous trial for the same person. The Supreme Court used this test for a few years but then went back to using the Blockburger test.
A more thorough explanation:
The same-conduct test is a legal test used in criminal law to determine if a later charge arising from a single incident is barred by the Double Jeopardy Clause. This test analyzes whether the later charge requires the state to prove the same conduct that it was required to prove in a previous trial against the same defendant.
For example, if a person is charged with assault and battery for hitting someone with a baseball bat, and then later charged with attempted murder for the same incident, the same-conduct test would be used to determine if the attempted murder charge is barred by double jeopardy. If the state must prove the same conduct (hitting someone with a baseball bat) in both trials, then the attempted murder charge would be barred.
The Supreme Court adopted the same-conduct test in 1990 but later overruled that decision and revived the Blockburger test in 1993.