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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.
âDouble Jeopardyâ is a protected right guaranteed by the Fifth Amendment to the United States Constitution and the California Constitution. It means that you cannot be prosecuted twice for the same crime. However, the concept of double jeopardy is not well understood.