NCJ Number
149935
Journal
Criminal Law Bulletin Volume: 30 Issue: 4 Dated: (July-August 1994) Pages: 346-365
Date Published
1994
Length
20 pages
Annotation
The double jeopardy clause of the Fifth Amendment is examined with respect to United States Supreme Court decisions, with emphasis on the impact of the decision in United States v. Dixon.
Abstract
Supreme Court precedents interpreting the clause have often seemed confusing and difficult to apply, particularly with respect to defining precisely what constitutes the "same offense" under the Fifth Amendment. For approximately 60 years, the Supreme Court's Blockburger test provided the standard for determining if a defendant could be tried in multiple prosecutions for substantially similar criminal offenses. Unfortunately, in 1990 the Court abandoned this test, adopting instead a same-conduct double jeopardy case. The new test, established in Grady v. Corbin, was fragmented and difficult to apply. Recently, however, the Court, In United States v. Dixon, overruled Grady v. Corbin and returned to the traditional Blockburger test. The Blockburger/Dixon standard establishes an effective bright- line double-jeopardy test that will aid judges, prosecutors and defense attorneys. It also strikes a more effective balance between a defendant's interest in avoiding multiple prosecutions and society's interest in prosecuting criminals. Footnotes