Legal Definitions - same-conduct test

The same-conduct test is a legal test used in criminal law to determine if a later charge arising from a single incident is barred by the Double Jeopardy Clause. This test analyzes whether the later charge requires the state to prove the same conduct that it was required to prove in a previous trial against the same defendant.

For example, if a person is charged with assault and battery for hitting someone with a baseball bat, and then later charged with attempted murder for the same incident, the same-conduct test would be used to determine if the attempted murder charge is barred by double jeopardy. If the state must prove the same conduct (hitting someone with a baseball bat) in both trials, then the attempted murder charge would be barred.

The Supreme Court adopted the same-conduct test in 1990 but later overruled that decision and revived the Blockburger test in 1993.