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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.
25 Hunter, 103 S. Ct. at 678.26 The Double Jeopardy Clause operates as a presumption against a finding that the legis-lature intends to define multiple offenses and to prescribe multiple punishments, a presump-tion that can be overcome only by clear and unmistakeable evidence.