Define: Same-Evidence Test

The Same-Evidence Test, also known as the same-elements test or actual-evidence test, is used in criminal law to determine if a defendant can be punished for two separate charges or prosecuted again for a different charge after being convicted or acquitted for a charge involving the same incident. The test compares the elements of two charges to see if each contains at least one element that the other does not. It is not based on the facts of the incident but rather on the elements of the charged offences. Blockbusting is the illegal act or practice, usually by a real-estate broker, of convincing property owners to sell their property quickly, often at a loss, to avoid an imminent influx of minority groups. This practice is illegal in many states.

The same-evidence test is a legal concept in criminal law that determines whether a defendant can face separate punishments for two convictions or be prosecuted later for a different charge after being convicted or acquitted for a charge related to the same incident. It involves comparing two charges to identify if each charge contains at least one element that the other charge does not. For instance, if a person is accused of both assault and battery, the same-evidence test would be applied to determine if they can be punished for both charges. If the elements of assault and battery are identical, the defendant cannot be punished for both charges. Blockbusting refers to the act or practice, typically carried out by a real estate broker, of persuading one or more property owners to quickly sell their property, often at a loss, in order to avoid an imminent influx of minority groups. This practice is illegal in numerous states. For example, a real estate broker may inform a homeowner that a minority group is moving into the neighbourhood and that property values will decrease as a result. The broker may then offer to purchase the homeowner’s property at a price lower than its actual worth, leading the homeowner to sell at a loss.

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This glossary post was last updated: 17th April 2024.