Blockburger V. USA By: Maria Gelves

What is The 5th Amendment? "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." Criminal Procedure Clause Due Process Clause Takings Clause The Three Clauses:

What was the crime? Blockburger (defendant) was being charged for selling prescribed drugs and violating the Harrison Narcotic Act. Harrison Narcotic Act (1914): "a U.S. federal legislation enacted to impose taxes on the sale, distribution, manufacturing, importation, and distribution of cocoa leaves, opium, and any form of products originating from either." [http://definitions.uslegal.com/h/harrison-narcotics-tax-act/] By the end of the trial, Blockburger was convicted of committing 3 crimes: Selling morphine one day. Selling another package of morphine to the same customer the day AFTER. Selling the second package of morphine to this person without a written order.

The Beginning of the Double Jeopardy Clause Blockburger argued that all these crimes were related so he should be punished 1 time, not 3. In the end, he was just sentenced to 5 years in jail and a fine of $2,000. Supreme Court favored Blockburger and instilled the Double Jeopardy Clause (a.k.a. the Criminal Procedure Clause) Also set the precedent for the "Blockburger Test" Used to determine if one or more crimes were committed. "An act will be considered two separate offenses if each law requires the prosecution to prove some fact that the other does not." [https://www.quimbee.com/keyterms/i- blockburger-i-test] Double Jeopardy: the act of causing a person to be put on trial two times for the same crime

Bibliography https://www.quimbee.com/keyterms/i-blockburger-i-test https://constitutioncenter.org/interactive-constitution/amendments/amendment-v https://www.archives.gov/founding-docs/constitution-transcript http://criminal.findlaw.com/criminal-rights/double-jeopardy-what-constitutes-the- same-offense.html https://www.quimbee.com/cases/blockburger-v-united-states https://www.law.cornell.edu/supremecourt/text/284/299 http://www.merriam-webster.com/dictionary/double%20jeopardy http://definitions.uslegal.com/h/harrison-narcotics-tax-act/