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Double Jeopardy Protection Basics. The Double Jeopardy clause in the Fifth Amendment to the U. S. Constitution provides that No person shall ... be subject for the same offense to be twice put in jeopardy of life or limb.. Most states have the same guarantee for defendants appearing in state court.
OverviewThe Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . . Scope of the Double Jeopardy Rule. Not every sanction qualifies under the Double Jeopardy rule.