United States v. Batchelder

United States v. Batchelder
Decided June 4, 1979
Full case nameUnited States v. Batchelder
Citations442 U.S. 114 (more)
Holding
Where two statutes criminalize the same act and those statutes have different maximum penalties, the maximum penalty of the statute the prosecutor chose to charge under applies.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinion
MajorityMarshall, joined by unanimous
Laws applied
Omnibus Crime Control and Safe Streets Act of 1968

United States v. Batchelder, 442 U.S. 114 (1979), was a United States Supreme Court case in which the Court held that, where two statutes criminalize the same act and those statutes have different maximum penalties, the maximum penalty of the statute the prosecutor chose to charge under applies.[1]

  1. ^ United States v. Batchelder, 442 U.S. 114 (1979)