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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.

same-actor inference | same-elements test

General

General chat about the legal profession.

General >T14 Off Topic

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BulbasaurNoLikeCardio

10:40

@m10: most of PSYOP are guys who failed SFAS and Ranger so much so they can't go back and think being SOCOM makes them SF. I loved the cultural side of it all, going to embassies and running influence operations. Doing KLEs and training with foreign militaries was amazing. Learned so much about the world by talking to those who live all over it. Then got lucky and worked with a Marine HIT overseas and would tag along when they kidnapped people to do some stuff lol The rest of the time was a lot of reports and KLEs

babycat

10:40

t4 is a concept being perpetuated by Big Chicago

soap

10:41

Chicago rejected me in undergrad, so I have beef

shaquilleoatmeal

10:41

Was there an hls ii wave yesterday?? Didn’t go online at all and feel out of the loop lmfao

m10

10:42

@BulbasaurNoLikeCardio: Did not know that but it makes sense. That sounds like a cool career. I would have liked to have done that too. I really would have just liked to have gone OCONUS once.

m10

10:44

I was talking to this 88H in a bar last weekend and he had some wild story about being interrogated by the FBI and CIA and shit to get a top-secret clearance or something so he could drive a forklift around Europe, Korea, and Africa. It sounded like a bunch of bullshit to me but do you know if something like that could be true?

babycat

10:45

@shaquilleoatmeal: yeah so I’ve heard

jackfrost11770

10:46

i don't know any of this military talk but i was going to be a combat medic or trauma surgeon for so long before i went this track lol, so my only exposure is seriously looking and visiting places like west point for recruitment lol. i speak russian so everyone always told me that raises your chances at those places lol

jackfrost11770

10:46

my brother is a combat medic too

BulbasaurNoLikeCardio

10:46

@m10: was a great career, the main job is being a cultural expert building rapport and relationships with foreign nationals, militaries and even people hostile to make the area safer and at times bring in the ODAs or three letter guys to train, arm and fund them to aid in their(our) cause. OCONUS is great but not necessary, I only did two real deployments but a lot of missions to places. That is all 110% BS. I have a TS-SCI, worked with federal agencies they do nothing crazy like that.

shaquilleoatmeal

10:47

Damn - 3rd invite missed smh no love for me from hls

m10

10:49

@jackfrost11770: That's like a huge pitfall. People say it's easy to get into like med school or law school through West Point and it is not at all. Yeah, Russian would make you very valuable to them. You will see West Point people in law school but that's very few compared to how many went through the prelaw program there. Best just to enlist and become a combat medic. I've seen like 4 of em here anyway so you didn't really miss anything by going straight to law school.

BulbasaurNoLikeCardio

10:49

I "speak" Dutch but never used it after training back in 2012. Russian is great if you can get into INTEL but outside of that they would just assign you a lot of NATO roles if you go EUCOM. If you go Jag it may score you a nice job in Europe but at this point with the lack of benefits the military would give you just go state department as an attorney and you will travel the world.

m10

10:50

@BulbasaurNoLikeCardio: Oh yeah, I get that. My buddy just got back from Jordan and he gained like 25 lbs there just being a fat ass doordashing for 50 cents a delivery.

glovediedthisishismom

10:50

https://youtu.be/BM-Yf-DXhMM?si=dtiskk_90ckDOjwo

jackfrost11770

10:50

yeah haha i mean i was like 15 so i didn't know anything, and yeah that makes complete sense. my main thing was that i knew i didn't want to go to medical school and i didn't want to straight out enlist so that kinda closed the door on that

glovediedthisishismom

10:50

please listen

m10

10:51

@BulbasaurNoLikeCardio: indeed, it could but I could also just like visit on my own time. Though I have met like 10 or so JAG officers that got an Italian or French or Spanish wife while over in Europe so that is cool.

jackfrost11770

10:52

but i'd love to talk to you about that sometime if that's alright because i've been seriously considering INTEL and other similar roles but i know quite literally nothing about it and don't know where to start researching

m10

10:52

@glovediedthisishismom: oh my god that guy is a psychopath. Tjhat guy scares me.

m10

10:52

@jackfrost11770: Best bet if going law route is Law School to JAG to either Mead or Gordon imo then.

m10

10:53

NSA shit to start. If you can go straight into a GS job then you should go for it.

m10

10:54

https://www.usajobs.gov/Search?k=attorney

BulbasaurNoLikeCardio

10:54

@jackfrost11770: I have my undergrad in Intelligence and Terrorism and worked a good bit in the IC so I can answer some broad questions but not many direct because the nature of the field. If you want to go to law school and get your JD it really depends what intel work you would want to do and where you want to live.

jackfrost11770

10:56

thank you!! yeah i also know they always need STEM grads ofc, so i know i have that going for me as well

m10

10:58

Fuck now that Gary Gensler is resigning, this is like a dream job for me. Would love to do securities: https://www.usajobs.gov/job/819640900

m10

10:58

Best job on the wbesite rn.

BulbasaurNoLikeCardio

11:00

If you do it from the attorney side you will be skirting the left and right limits of laws like the NDAA to conduct domestic espionage or how to kidnap or spy on people in foreign countries without committing war/international crimes. JAG would be very very general and location based. At one unit you can be the personal attorney to a commander not even having your own office or desk, next one you can be leading the prosecution of terrorist and rapist and the next one be the legal OK for drone striking people. It is a very varied job you have little control over.

Dkk

11:01

Lmfao, so true.

BulbasaurNoLikeCardio

11:02

The last jag I worked with had a folding picnic table as his desk and had to bring his office chair home every night because people would steal it and he hated using a bucket as a seat. All he did was keep commanders from being fired cause they kept doing illegal shit. It is a varied journey.

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