same elements test
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 284 U.S. 299 - Blockburger v. United States · 1932Most cited · 19,602 citing opinions
The applicable rule is that, where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision requires proof of an additional fact which the other does not.
How often courts cite the case defining “same elements test”
Court decisions citing the opinion that defined “same elements test” — 19,588 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.