Blockburger test

Definition

A legal test used to determine whether two criminal charges constitute the 'same offense' for double jeopardy purposes. Two offenses are different only if each requires proof of an element that the other does not. If one offense is entirely contained within the other (a lesser-included offense), they are the same offense under Blockburger.

Examples

• •All parties agree that § 924(c)(1)(A) (gun possession during a crime) fails the Blockburger test against § 924(j) (killing during a § 924(c) violation) because every element of § 924(c)(1)(A) is included within § 924(j).

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