MI Bar Practice Questions - Michigan Bar Examination Exam

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A defendant is charged with both armed robbery and the lesser offense of larceny arising from the same act. Under the Double Jeopardy Clause's 'same elements' test (Blockburger), two offenses are the 'same offense' if:

They are charged in the same indictment They were committed on the same day They carry the same maximum penalty Each offense does NOT require proof of a fact that the other does not

Correct Answer:

Each offense does NOT require proof of a fact that the other does not

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