Cite as: 509 U. S. 688 (1993)
Syllabus
that constitutes an offense for which the defendant has already been prosecuted," a second prosecution may not be had. 495 U. S., at 510. Pp. 694-697. 2. Although prosecution under Counts II-V of Foster's indictment would undoubtedly be barred by the Grady "same-conduct" test, Grady must be overruled because it contradicted an unbroken line of decisions, contained less than accurate historical analysis, and has produced confusion. Unlike Blockburger analysis, the Grady test lacks constitutional roots. It is wholly inconsistent with this Court's precedents and with the clear common-law understanding of double jeopardy. See Grady, supra, at 526 (Scalia, J., dissenting). In re Nielsen, 131 U. S. 176, and subsequent cases stand for propositions that are entirely in accord with Blockburger and that do not establish even minimal antecedents for the Grady rule. In contrast, two post-Nielsen cases, Gavieres v. United States, 220 U. S. 338, 343, and Burton v. United States, 202 U. S. 344, 379-381, upheld subsequent prosecutions because the Blockburger test (and only the Blockburger test) was satisfied. Moreover, the Grady rule has already proved unstable in application, see United States v. Felix, 503 U. S. 378. Although the Court does not lightly reconsider precedent, it has never felt constrained to follow prior decisions that are unworkable or badly reasoned. Pp. 703-712.
Justice Scalia, joined by Justice Kennedy, concluded in Part III that: 1. Because Dixon's drug offense did not include any element not contained in his previous contempt offense, his subsequent prosecution fails the Blockburger test. Dixon's contempt sanction was imposed for violating the order through commission of the incorporated drug offense. His "crime" of violating a condition of his release cannot be abstracted from the "element" of the violated condition. Harris v. Oklahoma, 433 U. S. 682 (per curiam). Here, as in Harris, the underlying substantive criminal offense is a "species of lesser-included offense," Illinois v. Vitale, 447 U. S. 410, 420, whose subsequent prosecution is barred by the Double Jeopardy Clause. The same analysis applies to Count I of Foster's indictment, and that prosecution is barred. Pp. 697-700. 2. However, the remaining four counts of Foster's indictment are not barred under Blockburger. Foster's first prosecution for violating the CPO provision forbidding him to assault his wife does not bar his later prosecution under Count V, which charges assault with intent to kill. That offense requires proof of specific intent to kill, which the contempt offense did not. Similarly, the contempt crime required proof of knowledge of the CPO, which the later charge does not. The two crimes were different offenses under the Blockburger test. Counts II, III, and IV are likewise not barred. Pp. 700-703.
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