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This Day in Legal History: Blockburger
On February 4, 1932, the United States Supreme Court decided Blockburger v. United States, 284 U.S. 299 (1932), a case that established an enduring rule in American criminal law known as the Blockburger test. This test is used to determine whether two offenses are sufficiently distinct to permit multiple punishments or prosecutions under the Double Jeopardy Clause of the Fifth Amendment.
In the case, the defendant was charged with multiple violations of the Harrison Narcotics Act for selling morphine on different occasions. The legal question was whether…
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