Section 13.71 Legislative Intent Test

• Library: Criminal Practice 2012 Supp

3. (§13.71) Legislative Intent Test

In Missouri v. Hunter, 459 U.S. 359 (1983), the Court held that double jeopardy was not violated by cumulative punishments for the same conduct as long as the legislature clearly intended that result. But if there is no legislative intent to impose cumulative punishments, the “same elements” test of Blockburger v. United States, 284 U.S. 299 (1932), is still used to determine whether one offense is a lesser-included charge of the other. Hunter, 459 U.S. at 367–68; see,...