Blockburger v. United States
Encyclopedia
Blockburger v. United States, 284 U.S. 299 (1932), was a case in which the Supreme Court of the United States
set an important standard to prevent double jeopardy
.
on five separate counts, all involving the sale of morphine
to the same purchaser.
The jury returned a verdict against petitioner upon the second, third, and fifth counts only. The second count charged a sale on a specified day of ten grains of the drug not in or from the original stamped package; the third count charged a sale on the following day of eight grains of the drug not in or from the original stamped package; the fifth count charged the latter sale also as having been made not in pursuance of a written order of the purchaser as required by the statute. The district court
sentenced petitioner to five years' imprisonment
and a fine of $2,000 upon each count, the terms of imprisonment to run consecutively; and this judgment was affirmed on appeal by the Seventh Circuit Court of Appeals
.
The defendant advanced two legal theories as his defense:
, writing for a unanimous court, first held that the two sales, having been made at different times (albeit to the same person), were two separate and distinct violations of the law. He then held that under the statute, two distinct offenses are created by each section: § 1 of the Act creates the offense of selling any of the forbidden drugs except in or from the original stamped package, and § 2 creates the offense of selling any of such drugs not in pursuance of a written order of the person to whom the drug is sold. Because the defendant had violated both sections, he could be prosecuted separately under the two sections.
As to the issue of whether or not the defendant had been subjected to double jeopardy
, Sutherland reasoned that he did not:
While Sutherland conceded that the penalties under the Act were harsh, he wrote that it was up to Congress
, rather than the courts, to change the sentencing scheme.
Although this case is often cited for the standard it set to regarding double jeopardy, the Fifth Amendment to the United States Constitution
is not mentioned anywhere in the text of the opinion itself.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
set an important standard to prevent double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
.
Facts and procedural history
The defendant was charged with violations of the Harrison Narcotics Act; specifically, he was indictedIndictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
on five separate counts, all involving the sale of morphine
Morphine
Morphine is a potent opiate analgesic medication and is considered to be the prototypical opioid. It was first isolated in 1804 by Friedrich Sertürner, first distributed by same in 1817, and first commercially sold by Merck in 1827, which at the time was a single small chemists' shop. It was more...
to the same purchaser.
The jury returned a verdict against petitioner upon the second, third, and fifth counts only. The second count charged a sale on a specified day of ten grains of the drug not in or from the original stamped package; the third count charged a sale on the following day of eight grains of the drug not in or from the original stamped package; the fifth count charged the latter sale also as having been made not in pursuance of a written order of the purchaser as required by the statute. The district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
sentenced petitioner to five years' imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
and a fine of $2,000 upon each count, the terms of imprisonment to run consecutively; and this judgment was affirmed on appeal by the Seventh Circuit Court of Appeals
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
.
The defendant advanced two legal theories as his defense:
- That the two sales charged in the second and third counts as having been made to the same person constitute a single, continuous offense.
- That the sale charged in the third count as having been made not from the original stamped package, and the same sale charged in the fifth count as having been made not in pursuance of a written order of the purchaser, constitute but one offense, for which only a single penalty lawfully may be imposed.
Decision
Justice SutherlandGeorge Sutherland
Alexander George Sutherland was an English-born U.S. jurist and political figure. One of four appointments to the Supreme Court by President Warren G. Harding, he served as an Associate Justice of the U.S...
, writing for a unanimous court, first held that the two sales, having been made at different times (albeit to the same person), were two separate and distinct violations of the law. He then held that under the statute, two distinct offenses are created by each section: § 1 of the Act creates the offense of selling any of the forbidden drugs except in or from the original stamped package, and § 2 creates the offense of selling any of such drugs not in pursuance of a written order of the person to whom the drug is sold. Because the defendant had violated both sections, he could be prosecuted separately under the two sections.
As to the issue of whether or not the defendant had been subjected to double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
, Sutherland reasoned that he did not:
Each of the offenses created requires proof of a different element. 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.
While Sutherland conceded that the penalties under the Act were harsh, he wrote that it was up to Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, rather than the courts, to change the sentencing scheme.
Although this case is often cited for the standard it set to regarding double jeopardy, the Fifth Amendment to the United States Constitution
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
is not mentioned anywhere in the text of the opinion itself.