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Blockburger v. United States | 284 U.S. 299 (1932)

The Fifth Amendment states that no person shall, quote, “be subject for the same offense to be twice put in jeopardy of life or limb,” unquote. In modern discourse, this is known as the Double Jeopardy Clause, and it prevents the government from pursuing multiple prosecutions or imposing multiple punishments against a person for the same offense. In Blockburger versus United States, we explore what constitutes the same offense for double jeopardy purposes.

On successive days in May of 1929, Harry Blockburger sold varying quantities of morphine hydrochloride to Ella Rush. Based on these sales, Blockburger was charged with five counts of violating the Harrison Narcotic Act. The second count charged Blockburger with selling morphine to Rush on May 28th with the drug outside of its original stamped package. The third count involved a sale to Rush on May 29th, again with the drug outside of its original stamped package. The fifth count, also based on the May 29th sale, charged Blockburger with selling the drug without a statutorily required written order from the purchaser.

The jury ruled against Blockburger on the second, third, and fifth counts. And for each count, the trial court imposed a fine and sentenced Blockburger to five years in prison, with the terms to run consecutively. The Seventh Circuit affirmed. Blockburger appealed to the United States Supreme Court, arguing, among other things, that the imposition of separate punishments for the third and fifth counts violated the Double Jeopardy Clause because both counts were based on the same conduct. The United States Supreme Court granted cert.

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