Editing Double jeopardy (section)

==== Multiple punishment, including prosecution after conviction ====

In ''[[Blockburger v. United States]]'' (1932), the Supreme Court announced the following test: the government may separately try and punish the defendant for two crimes if each crime contains an element that the other does not.<ref>''[[Blockburger v. United States]]'', {{Ussc|284|299|1932}} See, e.g., ''[[Brown v. Ohio]]'', {{Ussc|432|161|1977}}.</ref> ''Blockburger'' is the default rule, unless the governing statute legislatively intends to depart; for example, [[Continuing Criminal Enterprise]] (CCE) may be punished separately from its predicates,<ref>''[[Garrett v. United States]]'', {{Ussc|471|773|1985}}.</ref><ref>''[[Rutledge v. United States]],'' {{Ussc|517|292|1996}}.</ref> as can conspiracy.<ref>''[[United States v. Felix]]'', {{Ussc|503|378|1992}}.</ref>

The ''Blockburger'' test, originally developed in the multiple punishments context, is also the test for prosecution after conviction.<ref>''[[Missouri v. Hunter]]'', {{Ussc|459|359|1983}}.</ref> In ''[[Grady v. Corbin]]'' (1990), the Court held that a double jeopardy violation could lie even where the ''Blockburger'' test was not satisfied,<ref>''[[Grady v. Corbin]]'', {{Ussc|495|508|1990}}.</ref> but ''Grady'' was later distinguished in ''[[United States v. Felix]]'' (1992), when the court reverted to the ''Blockburger'' test without completely dismissing the ''Grady'' interpretation. The court eventually overruled ''Grady'' in ''[[United States v. Dixon]]'' (1993).<ref>''[[United States v. Dixon]]'', {{Ussc|509|688|1993}}.</ref>